Evans v. Oaks Mission Public School

In Evans v. Oaks Mission Public School, 1997 OK 97, 945 P.2d 492, a high school student was injured while participating in a wrestling match during physical education class. He had suffered previous injuries and had been told by his parents to refrain from participating in sports during his junior year. Initially, the student did not enroll in physical education classes. However, with his parents' knowledge, he later changed his schedule and enrolled in a physical education class taught by the football coach. The mother sued, alleging negligence and gross negligence on the part of the school district and three teachers in failing to supervise and protect the student and in encouraging him to injure himself. The mother subsequently dismissed her claims against the teachers. The school district moved for summary judgment, asserting section 155(20) as a bar to the mother's claims. The mother responded that the school district was negligent in allowing the student to participate in the match when he had both parental and medical restrictions against participation in any sports. She further argued that, because the school district ignored her warning, it should not be shielded from liability. The school district then argued the parents knew of the change in the student's schedule and approved it. The trial court granted summary judgment in favor of the school district, and the Court of Civil Appeals reversed the judgment on the ground that there remained a question of material fact as to whether the school district was negligent. The Supreme Court did not address whether there was a fact question as to the school district's negligence. The Court held that summary judgment was appropriate because the school district was immune from liability pursuant to section 155(20). Evans, 1997 OK 97, 945 P.2d at 494. In strictly construing the statute, the court considered only two factors: (1) the student was participating in an athletic contest at the time he was injured, and (2) the injury occurred on school property. Id. 1997 OKSLX 89 at P 9, 945 P.2d at 494. In sum, the injured party was a high school student who injured his shoulder in a wrestling match during a physical education class. The student had previously played in interscholastic team sports at his school, but twice injured his shoulder, once during football practice and the other time during a pick-up basketball game. At the direction of his parents, the young man was to "sit out" his junior year in order to return to team sports his senior year. However, he enrolled in a physical education class with his parents' knowledge. The Oklahoma Supreme Court found that the case was controlled by Curtis v. Board of Education of Sayre Public Schools. The Court ruled that 155(20) did bar the action to recover for the student's injury because it was unrefuted "(1) that the injury . . . occurred while the student was participating in a wrestling match, an athletic contest, during his physical education class, and (2) that the injury occurred on school property." Id.