Grammens v. Dollar

The majority holds that because the term “explosive materials” is not defined in the written eye-protection policy, Grammens was required to use discretion in deciding whether the policy applied to the “bottle rocket” experiment and was thus entitled to official immunity from personal liability for the injury at issue. Because I disagree with the foundation for this analysis, i.e., the determination that the term “explosive materials” is somehow ambiguous, I must respectfully dissent.

As noted by the Court of Appeals, the instructions for the experiment warned of “the possibility of the bottle…