Kersey v. Harbin

HOGAN, Judge.

The legal aspects of this tragedy are before this court for a second time. On March 5,1974, plaintiffs’ son Daniel was an eighth grade student in the Sikeston, Missouri, Junior High School. Daniel was not quite 14 years old. At 2:40 p. m., Daniel reported to his regularly scheduled physical education class. His regular instructor was absent that day attending a “health work-' shop” in Cape Girardeau, with the permission of his superior. Mr. Clayton, the principal, had arranged for Mr. Holmes, another instructor, to teach both classes. ■ Mr. Holmes regularly taught a physical…