Chastain v. Clark County School District

Springer, J., with whom Steffen, J., agrees,

dissenting:

The trial court was correct in ruling that there is no evidence that the school district had “actual knowledge” of a hazardous condition. Any knowledge on the part of the school district must be based on the principal’s knowledge, and there is no evidence that the principal knew of any danger.

Chastain relies on her affidavit, which tells us only that “Mrs. Wisdom told me that she had ordered sand for the sandbox at least five times.” That a principal should order sand more than once tells us very little about what she “actually” knew…