Which of the following should Mr. Stephan consider to determine whether or not one or both recess supervisors breached her duty of care when Lindsay was injured?
Mr. Stephan is the new principal of Edgewood elementary school. During the first week of school 4th grader Lindsay Smith was injured at recess. Lindsay's injuries included a sprained wrist and a large gash on her face requiring several stitches. Lindsay will need plastic surgery to hide the scar left by the cut. Two teachers were assigned recess duty at the time of the injury. The accident report indicates that Lindsay was playing a tag football game with several 6th grade boys. Neither supervising teacher saw the accident, but the boys testified that Lindsay collided with one of the boys and was knocked to the ground. Lindsay's insurance company is considering suing the district, the two teachers individually and Mr. Stephan to recover the cost of the emergency room visit, the plastic surgery, Lindsay's pain and suffering, and her parents lost wages. Mr. Stephan has been asked to investigate the incident.
I. Did the recess supervisors take some action resulting in Lindsay's injury?
II. Did the recess supervisors contribute to Lindsay's injury?
III. Did the recess supervisors fail to take some action that may have prevented Lindsay's injury?
IV. Did the recess supervisors foresee that Lindsay playing with older boys placed her at risk of injury?
A. I & IV only
B. II, III, & IV
C. I, II and III
D. I & III only
D
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