Hernandez Ex Rel. Hernandez v. Renville Public School District No. 654

542 N.W.2d 671, 1996 Minn. App. LEXIS 98, 1996 WL 33059
CourtCourt of Appeals of Minnesota
DecidedJanuary 30, 1996
DocketC4-95-1396
StatusPublished
Cited by3 cases

This text of 542 N.W.2d 671 (Hernandez Ex Rel. Hernandez v. Renville Public School District No. 654) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hernandez Ex Rel. Hernandez v. Renville Public School District No. 654, 542 N.W.2d 671, 1996 Minn. App. LEXIS 98, 1996 WL 33059 (Mich. Ct. App. 1996).

Opinion

OPINION

FOLEY, Judge. *

Appellant Maria Kristina Hernandez sued respondent Tri-Valley Opportunity Council, Inc. (Tri-Valley) for injuries suffered when she fell from a piece of playground equipment. The jury concluded that Tri-Valley was not negligent, but found that Hernandez suffered past and future damages of $11,-702.60. The district court denied Hernandez’s motion for a new trial and this appeal followed.

FACTS

This appeal arises from a suit for damages incurred by Hernandez when she broke her arm after falling from a piece of playground equipment. Four-year-old Hernandez was one of 20 students participating in a summer preschool program operated by Tri-Valley at the Renville High School. The playground equipment at the school included a horizontal ladder, also known as “monkey bars.” Due to safety concerns, Tri-Valley determined that the monkey bars were inappropriate for the children participating in the preschool program. Tri-Valley instructed the children at the beginning of the summer session and *673 nearly every day thereafter that they were not to use the monkey bars.

On the day that Hernandez was injured, the preschool children were in a line outside the school, preparing to return inside after recess. The students were supervised during recess by three Tri-Valley employees, one teacher and two assistants. When the children lined up outside the school, one of the assistants was at the back of the line and the other was in the middle of the line. The teacher entered the school for less than one minute to retrieve two students who went inside to get a drink of water. When the teacher came back out, Hernandez had fallen from the monkey bars. Hernandez had been waiting with the other children to enter the school when she left the line, climbed the monkey bars, and fell. Hernandez suffered a broken arm, requiring surgery and further medical attention.

Hernandez sued respondent Tri-Valley, Renville Public School District No. 654, and West Central Migrants, Inc. for past and future damages related to her broken arm. By special verdict, the jury found that none of the defendants were negligent, but that Hernandez suffered damages of $11,702.60. The district court denied Hernandez’ motion for judgment notwithstanding the verdict and a new trial. Hernandez appeals the district court’s denial of her motion for a new trial only with regard to Tri-Valley. 1

ISSUES

I. Is a new trial required because the district court instructed the jury that “there is no requirement of constant supervision of all of the movement of all pupils at all times”?

II. Is the evidence insufficient to support the jury’s special verdict finding that TriValley was not negligent?

III. Were the damages found by the jury inadequate?

ANALYSIS

I.

District courts are allowed considerable latitude in selecting the language in jury instructions, and this court will not reverse the district court unless the instructions constituted an abuse of discretion. Alholm v. Wilt, 394 N.W.2d 488, 490 (Minn.1986). Where jury instructions fairly and correctly state the applicable law, this court will not grant a new trial. Alevizos v. Metropolitan Airports Comm’n, 452 N.W.2d 492, 501 (Minn.App.1990), review denied (Minn. May 11, 1990).

The district court instructed the jury that

Tri-Valley and its teachers had an obligation to use ordinary care and to protect its students from injuries which could reasonably have been foreseen and could have been prevented by the use of ordinary care. However, there is no requirement of constant supervision of all of the movement of all pupils at all times.

Hernandez argues that the district erred by instructing the jury, in the last sentence of the quoted instruction, that Tri-Valley did not have to supervise each student at all times.

The jury instruction given by the district court closely resembles the instruction given in Sheehan v. St. Peter’s Catholic Sch., 291 Minn. 1, 3, 188 N.W.2d 868, 870 (1971). 2 Hernandez argues that because the court in Sheehan did not decide the propriety of the jury instruction, Sheehan does not authorize the use of the instruction in this case. We disagree. In Raleigh v. Independent Sch. Dist. No. 625, 275 N.W.2d 572, 574-75 (Minn.1978), however, the supreme court explained that it had “implicitly approved the trial court’s use of the * * * instruction” in Shee-han. Further, in Verhel v. Independent Sch. Dist. No. 709, the supreme court used the language of the Sheehan jury instruction when articulating a school district’s legal duty to protect its students:

*674 Where a school district has [a duty to supervise students], that duty is to “use ordinary care and to protect its students from injury resulting from the conduct of other students under circumstances where such conduct would reasonably have been foreseen and could have been prevented by the use of ordinary care. There is no requirement of constant supervision of all the movements of pupils at all times.”

359 N.W.2d 579, 586 (Minn.1984) (quoting Sheehan, 291 Minn. at 3, 188 N.W.2d at 870).

Hernandez argues that under the ordinary care standard, it may be appropriate for a school to provide uninterrupted supervision of children, especially when the children are only four years old. We agree that in a negligent supervision case involving very young children it is preferable to avoid the instruction that a school has no duty to supervise all children at all times. The better practice may be to instruct the jury that the school must exercise ordinary care to protect students from foreseeable injuries.

Despite our reservations regarding the challenged language in the jury instruction, we conclude that the challenged instruction fairly and correctly states the law, and the district court did not abuse its discretion. A new trial, therefore, is not warranted.

II.

Hernandez argues that the evidence does not support the jury’s special verdict answer that Tri-Valley was not negligent. A reviewing court will not set aside a jury’s answers to special verdict questions unless the answers are “perverse and palpably contrary to the evidence.” Hanks v. Hubbard Broadcasting, 493 N.W.2d 302

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542 N.W.2d 671, 1996 Minn. App. LEXIS 98, 1996 WL 33059, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hernandez-ex-rel-hernandez-v-renville-public-school-district-no-654-minnctapp-1996.