Poston v. Unified School District No. 387

The opinion of the court was delivered by

Luckert, J.:

This case raises the question of whether the recreational use exception in the Kansas Tort Claims Act (KTCA), K.S.A. 2007 Supp. 75-6104(o), grants immunity to this public school district for alleged ordinary negligence that resulted in injury to Kevin D. Poston as he walked away from the doors of the school’s gymnasium to exit the building via the school’s commons while recreational activities were in progress in the gymnasium. We conclude the exception applies because the commons was connected to the gymnasium by plan and was an integral…