Maselli v. Regional School District No. 10

Citations

• 198 Conn. App. 643

Syllabus

The plaintiff, as next friend of her minor daughter, M, sought to recover damages from, inter alia, the defendant soccer coach and physical educa- tion teacher, S, for injuries that M suffered when S kicked a soccer ball that struck M in the face during a soccer scrimmage at the school M attended. The plaintiff's complaint alleged claims against S of assault and battery, intentional infliction of emotional distress, negligent infliction of emotional distress and negligence, as well as claims of negligence and recklessness against the other defendants, the regional school dis- trict, the superintendent of schools and the school's principal. The trial court granted the defendants' motion for summary judgment, concluding that the plaintiff's negligence claims against all of the defendants were barred by governmental immunity pursuant to statute (§ 52-557n (a) (2) (B)) because the plaintiff failed to establish any of the three prongs of the identifiable person-imminent harm exception to governmental immunity. The court further concluded that the plaintiff's claims of assault and battery and recklessness failed as a matter of law. The court rendered judgment for the defendants, and the plaintiff appealed to this court. Held that the trial court properly granted the defendants' motion for summary judgment and rendered judgment for the defendants, and, because the court's memorandum of decision fully addressed the argu- ments raised in this appeal, this court adopted the trial court's memoran- dum of decision as a proper statement of the facts and applicable law on the issues. Argued March 10—officially released July 7, 2020