M.C.-B. ex rel. T.B. v. Hazelwood School District

417 S.W.3d 261, 2013 WL 5979605, 2013 Mo. App. LEXIS 1329
CourtMissouri Court of Appeals
DecidedNovember 12, 2013
DocketNo. ED 99601
StatusPublished
Cited by7 cases

This text of 417 S.W.3d 261 (M.C.-B. ex rel. T.B. v. Hazelwood School District) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
M.C.-B. ex rel. T.B. v. Hazelwood School District, 417 S.W.3d 261, 2013 WL 5979605, 2013 Mo. App. LEXIS 1329 (Mo. Ct. App. 2013).

Opinion

ROBERT G. DOWD, JR., Judge.

M.C.-B. and T.B.1 (“Plaintiff’), appeal from the trial court’s grant of summary judgment in favor of Hazelwood School District (“Hazelwood”), Kate Sievers (“Sievers”), Stacy Hargrove (“Hargrove”), Chris Williams (“Williams”), and Scott Penning (“Penning”). Plaintiff contends the trial court erred in granting summary judgment in favor of Sievers, Hargrove, and Penning (collectively “Defendants”). We reverse and remand.

Plaintiff was a seventh grade student at Hazelwood West Middle School. On May 2, 2011, Plaintiff was returning to class after an appointment with Sievers when she was abducted and sexually assaulted by four male seventh grade students in the school restroom. The four male seventh grade students had been released from physical education class to return backpacks to their lockers.

After the incident, Plaintiff reported it to Sievers. Sievers then interviewed some of the alleged assailants. Sievers subsequently called the police regarding the incident.

Plaintiff filed this action against Hazel-wood, Sievers, Hargrove, Williams, and Penning. Hazelwood was the school district that included Hazelwood West Middle School, where the incident took place. Sievers was serving as the principal of sixth and seventh grades at the school. Hargrove, Williams, and Penning were serving as the physical education teachers at the school.

Plaintiffs petition alleged: Count I for negligence against Hazelwood; Count II for negligence against Hargrove, Williams, and Penning; Count III for negligent supervision against Hargrove, Williams, Pen[264]*264ning, and Sievers; and Count IV for negligence against Sievers.2

Hargrove, Williams, Penning, and Siev-ers filed an answer denying liability. Har-grove, Williams, Penning, and Sievers also asserted as affirmative defenses that they were protected from tort liability under the doctrine of official immunity and by the Paul D. Coverdell Teacher Protection Act of 2001, 20 U.S.C. Sections 6731-6738.

Hargrove, Williams, Penning, and Siev-ers then filed a motion for summary judgment with respect to Count II against Hargrove, Williams, and Penning; Count III against Hargrove, Williams, Penning, and Sievers, and Count IV against Siev-ers.3 Plaintiff filed a response.

The trial court eventually granted summary judgment in favor of Defendants on Counts II, III, and IV, finding there were no genuine issues of material fact and Defendants were entitled to judgment as a matter of law. The trial court noted as to each of the Counts that Defendants were protected by the doctrine of official immunity and the Coverdell Act. This appeal follows.

The propriety of summary judgment is purely an issue of law. Meramec Valley R-III School Dist. v. City of Eureka, 281 S.W.3d 827, 835 (Mo.App. E.D.2009). Accordingly, the standard of review on appeal regarding summary judgment is no different from -that which should be employed by the trial court to determine the propriety of sustaining the motion initially. Id. Summary judgment is designed to permit the trial court to enter judgment, without delay, where the moving party has demonstrated its right to judgment as a matter of law. Id. However, we note in negligence cases, summary judgment is not as feasible as in other kinds of cases. Bruner v. City of St. Louis, 857 S.W.2d 329, 332 (Mo.App. E.D.1993).

Our review of the grant of summary judgment is de novo. Id. Summary judgment is upheld on appeal if the movant is entitled to judgment as a matter of law and no genuine issues of material fact exist. Id. The record is reviewed in the light most favorable to the party against whom judgment was entered, according that party all reasonable inferences that may be drawn from the record. Meramec Valley R-III School Dist., 281 S.W.3d at 835. Facts contained in affidavits or otherwise in support of a party’s motion are accepted as true unless contradicted by the non-moving party’s response to the summary judgment motion. Id. A defending party may establish a right to judgment as a matter of law by showing any one of the following: (1) facts that negate any one of the elements of the claimant’s cause of action; (2) the non-movant, after an adequate period of discovery, has not and will not be able to produce evidence sufficient to allow the trier of fact to find the existence of any one of the claimant’s elements; or (3) there is no genuine dispute as to the existence of each of the facts necessary to support the movant’s properly-pleaded affirmative defense. Id. Once the movant has established a right to judgment as a matter of law, the non-movant must demonstrate that one or more of the material facts asserted by the movant as not in dispute is, in fact, genuinely disputed. Id. The non-moving party may not rely on mere allegations and denials of the pleadings, but must use affidavits, depositions, answers to interrogatories, or admissions on file to demonstrate the existence of a genuine issue for trial. Id. “Genuine” implies that the issue, or dispute, must be [265]*265a real and substantial one-one consisting not merely of conjecture, theory and possibilities. ITT Commercial Finance Corp. v. Mid-America Marine Supply Corp. 854 S.W.2d 371, 378 (Mo. banc 1993). A “genuine issue” is a dispute that is real, not merely argumentative, imaginary or frivolous. Id. at 382. Where the “genuine issues” raised by the non-movant are merely argumentative, imaginary or frivolous, summary judgment is proper. Id.

Plaintiff’s first two points deal with the same issue so we will address them together. In her first and second point, Plaintiff argues the trial court erred in granting summary judgment in favor of Defendants on Counts II, III, IV because Defendants failed to meet their burden to prove the absence of genuine issues of material fact regarding the applicability of their affirmative defenses of official immunity and the Coverdell Act. We agree.

In her first and second points, Plaintiff alleges there were, respectively, eleven and twenty statements of allegedly uncon-troverted material facts that were actually disputed.4 We will examine these allegedly disputed facts to determine whether they are in fact disputed, and we will determine whether these facts are necessary to support the arguments of Defendants that they are immune under the doctrine of official immunity and under the Coverdell Act. We will begin by examining the facts relevant to the defense of official immunity.

Where a grant of summary judgment is based on the affirmative defense of official immunity, we must consider whether there is a genuine dispute as to the existence of facts necessary to support this properly pleaded affirmative defense. Conway v. St. Louis County, 254 S.W.3d 159, 164 (Mo.App. E.D.2008).

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417 S.W.3d 261, 2013 WL 5979605, 2013 Mo. App. LEXIS 1329, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mc-b-ex-rel-tb-v-hazelwood-school-district-moctapp-2013.