Chastain v. Clark County School District

*1173OPINION

By the Court,

Young, J.:

FACTS

On a hot September day in 1988, Jennifer Chastain (“Jennifer”), a student at the Clark County School District’s (“CCSD”) Booker Sixth Grade Center (“Booker”), played kick-ball with her P.E. class. Several students complained of the heat. While Jennifer’s team was up to kick, Mrs. Flanagan (“Flanagan”), Jennifer’s P.E. teacher, told Jennifer to sit in the shade of a nearby tree.

Jennifer sat in the shade of the tree on a block wall surrounding Booker’s sandbox. The bottom of this sandbox is concrete. One of Jennifer’s friends pushed Jennifer off the wall into…