Simonetti v. School District of Philadelphia
Pennsylvania Superior Court
308 Pa. Super. 555, 454 A.2d 1038 (1982)
- Written by Alexander Hager-DeMyer, JD
Facts
Richard Simonetti (plaintiff) was a fifth-grade student in the School District of Philadelphia (school district) (defendant). As Simonetti returned to his classroom from recess, he was struck in the left eye by a pencil that was flung by a classmate. When Simonetti was injured, his teacher was standing outside the door to the classroom, monitoring the return of the remaining 30 students from recess. The student who flung the pencil had misbehaved earlier in the day and, along with two other students, had been kept in the classroom during recess. Before stepping out the classroom door to direct Simonetti and his classmates back inside, the teacher had directed the three students in the room to stay at their desks. Simonetti and his mother filed suit in a Pennsylvania trial court against the school district for negligence. Simonetti claimed that the teacher had been negligent by not adequately supervising the classroom. The trial court found in favor of Simonetti, and the school district appealed to the Pennsylvania Superior Court.
Rule of Law
Issue
Holding and Reasoning (Wieand, J.)
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