Stacy v. Merrill

STEELMAN, Judge.

Where defendants did not waive governmental immunity, the trial court did not err in dismissing plaintiffs’ complaint.

I. Factual and Procedural Background

On 20 August 2004, Zachary and Jacob Stacy (“the minor plaintiffs”), brothers of decedent, Quentin Stacy, were students at R. Homer Andrews Elementary School. Plantiff Anderson Timothy Stacy is the father of the minor plaintiffs.

When school was dismissed on 20 August 2004, the three Stacy brothers left the school, retrieved their bicycles, and began to ride home along Avalon Road. At the same time, school buses were traveling…