Schumate v. Thompson

WARREN, Justice.

This is an appeal from a summary judgment rendered against a parent who sued a school teacher for personal injuries sustained by his son while playing during recess.

Cary Schumate, the son of appellant, attended a school for the mentally retarded in the Cypress Fairbanks School District. According to plaintiff, in February 1976, the appellee, Katie Thompson, who was Cary’s teacher, instructed the teacher’s aide, a mentally handicapped person, to take the class outside to play. The aide was allowed to determine the activities in which the children engaged. The aide directed Cary…