Assuming the recess supervisors were negligent, which of the following would PREVENT Lindsay from winning a negligence suit against the district and the individual teachers supervising the playground?

Question

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.

A. The supervisors were not being paid to supervise the playground
B. Lindsay would have been injured even though the supervisors were guilty of negligent supervision of the playground
C. The supervisors are protected by law
D. The supervisors were doing their job

Answer 1

B