Fagan Ex Rel. Fagan v. Summers

McINTYRE, Chief Justice.

This case involves a suit for damages brought on behalf of seven-year-old George Fagan against a teacher’s aid, Mrs. Lloyd Summers, and Park County School District No. 1.

During a noon recess a fellow student threw a small rock which hit a larger rock on the ground and then bounced up and struck George Fagan, causing him to lose the sight in his left eye. The trial court held a pretrial conference, after which defendants moved for summary judgment. The motion was supported by affidavits made on behalf of the defendants, and counter-affidavits were submitted on behalf of…