Patton v. Black

Michael A. Patton, Sr., individually and as father and next friend of Keeva Patton, a minor, appeals from the dismissal of his negligence action against Julia Black, Keeva's physical education teacher. The trial court held that the action was barred by the discretionary function immunity given to teachers. We reverse and remand.

Patton sued Black for damages based on injuries sustained by Keeva while performing jumping and tumbling exercises. The complaint alleged that Black negligently failed to instruct Keeva, and negligently failed to instruct other students who were engaged in assisting…