Wednesday, September 17, 2014
School Liability for Property Maintenance
The Mississippi Court of Appeals decided Calonkey v. Amory School District located here. The issue in the case was concerning a school's liability for failing to maintain its property in a safe condition. The case involves an independent contractor who fell through a trap door setting up a school play for Phantom of the Opera. The door was apparently concealed and Mr. Calonkey fell through the door. Additionally, there were apparently sharp spikes on the edges too as he fell through. The trial court had granted summary judgment under the Mississippi Tort Claims Act. The Court of Appeals reversed finding that a number of the immunity exceptions applied and that genuine issues of fact existed with regard to a number of area. This case has a lot of useful law in it if someone is hurt on Mississippi government property.