Lentz v. Morris

372 S.E.2d 608, 236 Va. 78, 5 Va. Law Rep. 516, 1988 Va. LEXIS 103
CourtSupreme Court of Virginia
DecidedSeptember 23, 1988
DocketRecord 860022
StatusPublished
Cited by74 cases

This text of 372 S.E.2d 608 (Lentz v. Morris) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lentz v. Morris, 372 S.E.2d 608, 236 Va. 78, 5 Va. Law Rep. 516, 1988 Va. LEXIS 103 (Va. 1988).

Opinions

COMPTON, J.,

delivered the opinion of the Court.

The sole question presented in this appeal is whether the doctrine of sovereign immunity protects a high school teacher supervising a physical education class from a negligence action for damages brought by a student injured while a member of the class.

Appellants James Jeffrey Lentz, a minor, and Jonnie Faye Lentz, his mother, jointly sued appellee Johnny Morris in a two-count motion for judgment. In the first count, the child sought recovery for personal injuries sustained when he was injured during activity at school while under the supervision of defendant. In the second count, the mother sought recovery for medical expenses incurred for treatment of her son’s injuries.

The defendant filed various pleas and motions, including a demurrer, asserting that he was immune from suit. The trial court, [80]*80after briefing and argument of counsel, ruled in favor of defendant. We awarded the mother and son (hereinafter, the plaintiff) this appeal from the October 1985 final order dismissing the action.

We shall examine the allegations of the motion for judgment according to the familiar principle that a demurrer admits the truth of all material facts properly pleaded. Under this principle, “the facts admitted are those expressly alleged, those which fairly can be viewed as impliedly alleged, and those which may be fairly and justly inferred from the facts alleged.” Rosillo v. Winters, 235 Va. 268, 270, 367 S.E.2d 717, 717 (1988).

The plaintiff asserts that on November 9, 1984, the day of the injury, he was a student and defendant was a teacher oí- health and physical education at Kellam High School in Virginia Beach. He alleges that he was assigned to a physical education class conducted “under the supervision and in the presence of Defendant.” He further asserts that, while participating with the class in activities on school grounds, he and other students were “playing tackle football without wearing any protective equipment,” which activity defendant knew or should have known posed danger to the participants. Plaintiff also alleges that as the result of defendant’s negligent supervision and control of the physical education activities, he was “tackled with great force and violence” which caused his injuries.

On appeal, relying on Crabbe v. School Board and Albrite, 209 Va. 356, 164 S.E.2d 639 (1968), and Short v. Griffitts, 220 Va. 53, 255 S.E.2d 479 (1979), plaintiff contends that the trial court erred in ruling that a school teacher is entitled to immunity “for his own acts of negligence.” In Crabbe, we held that the sovereign immunity of a county school board did not extend to a high school teacher who was performing his duties as a shop instructor when a student was injured using a power table saw which allegedly was defective. We said the fact that the teacher “was performing a governmental function for his employer, the School Board, does not mean that he was exempt from liability for his own negligence in the performance of such duties.” 209 Va. at 359, 164 S.E.2d at 641.

In Short, “reaffirming our decision in Crabbe,” 220 Va. at 54, 255 S.E.2d at 480, we held that an athletic director, baseball coach, and buildings and grounds supervisor, respectively, employed by a county school board did not enjoy the board’s govern[81]*81mental immunity in a suit by a student who was injured when he fell on broken glass while running laps around the school’s outdoor track. We said the employees of such a local governmental agency are not entitled to claim governmental immunity and “are answerable for their own acts of simple negligence.” Id. at 55, 255 S.E.2d at 481.

The plaintiff discusses our more recent decision of Messina v. Burden, 228 Va. 301, 321 S.E.2d 657 (1984), relied on by the trial court, and argues that Short and Crabbe “have continuing viability.” Plaintiff contends that the present case “more closely resembles Short and Crabbe than either of the Messina cases.” Therefore, the plaintiff urges, “Insulation of this individual from responsibility for his own negligent acts does not achieve any of the purposes for which immunity is ordinarily extended to governmental employees.” We do not agree.

Messina v. Burden was a watershed decision on the subject of sovereign immunity. In that case, we reviewed our prior decisions stemming from diverse factual settings and attempted to reconcile them. Reasserting the viability of the doctrine in the Commonwealth, we endeavored to explicate the circumstances under which “an employee of a governmental body is entitled to the protection of sovereign immunity,” given the facts of the cases under consideration in Messina. 228 Va. at 307, 321 S.E.2d at 660.

Initially, we focused upon the purposes served by the doctrine. They include “protecting the public purse, providing for smooth operation of government, eliminating public inconvenience and danger that might spring from officials being fearful to act, assuring that citizéns will be willing to take public jobs, and preventing citizens from improperly influencing the conduct of governmental affairs through the threat or use of vexatious litigation.” Id. at 308, 321 S.E.2d at 660. We then said that in order to fulfill those purposes, the reach of the doctrine could not be limited solely to the sovereign but must be extended to “some of the people who help run the government.” Id., 321 S.E.2d at 661. We noted that because the government acts only through individuals, it could be crippled in its operations if every government employee were subject to suit.

In Messina, against the background of the purposes of the doctrine, the general principles applicable to the concept, and the facts and circumstances of the cases at hand, we proceeded to engage in a necessary “line-drawing” exercise to determine which [82]*82government employees were entitled to immunity. Thus, in one case, we held that a State supervisory employee who was charged with simple negligence while acting within the scope of his employment was immune, there being no charge of gross negligence or intentional misconduct. Id. at 310-11, 321 S.E.2d at 662.

In the other Messina case, we decided that an employee of a county, which shares the immunity of the State, was entitled to the benefits of sovereign immunity where his activities clearly involved the exercise of judgment and discretion. Id. at 313, 321 S.E.2d at 664. In deciding that case, we outlined the test, previously developed in James v. Jane, 221 Va. 43, 53, 282 S.E.2d 864, 869 (1980), to be used to determine entitlement to immunity. The factors to be considered include: (1) the nature of the function the employee performs; (2) the extent of the governmental entity’s interest and involvement in the function; (3) the degree of control and direction exercised by the governmental entity over the employee; and (4) whether the alleged wrongful act involved the exercise of judgment and discretion. Messina, 228 Va.

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Cite This Page — Counsel Stack

Bluebook (online)
372 S.E.2d 608, 236 Va. 78, 5 Va. Law Rep. 516, 1988 Va. LEXIS 103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lentz-v-morris-va-1988.