Jackson Ex Rel. Essien v. Unified School District 259

I agree with the majority’s determination that an injury occurring to a student in a school gymnasium during a required physical education class is within the purview of K.S.A. 75-6104(o), which provides a governmental entity with immunity for any claim for injuries resulting from the use of any public property intended or permitted to be used as a park, playground, or open area for recreational purposes, unless the governmental entity or an employee thereof is guilty of gross and wanton negligence proximately causing such injuiy.

The purpose of K.S.A. 75-6104(o) is to provide immunity to a…