Strycharz v. Cady

Summary

This separate opinion agrees that summary judgment was improper on the ministerial-duty claim and that the plaintiff was within the identifiable class protected by the imminent-harm exception to governmental immunity. It would also reject summary judgment on the discretionary-act claims because the evidence could permit a jury to find that school officials knew or should have known that inadequate supervision exposed students to imminent harm. In the alternative, it would remand for a new summary-judgment hearing under the clarified legal standard.