Is a public school employee liable for negligent acts committed in the scope of their employment, or is worse conduct required before recovery can be obtained? That was the issue involved in this case.
Here, a mother sued an Iowa public school for negligence when her daughter nearly drowned and suffered permanent brain damage in the school’s swimming pool. The mother claimed that the school failed to adequately supervise her daughter during an annual school pool party. The mother signed a permission slip which gave her permission for her daughter to attend the party, and the party was supervised by three teachers. At trial, the school moved to dismiss the case based on Iowa Code §670.4(12) which exempts school districts and its employees from liability for acts of negligence. The trial court dismissed the case and the mother appealed. On appeal, the court affirmed. Generally, a claim against a school district or municipality must be dismissed, unless the act or omission of the employee constitutes actual malice or is a criminal offense. In this case, the facts did not show any maliciousness or criminal conduct on the part of the three teachers in their supervision of the pool party. Negligent supervision on the part of the teachers was not enough to pin liability on the district. Dang v. Des Moines Comm. School Dist., No. 9-240/08-1578 (Iowa Ct. App., Jun. 17, 2009).