Football game spectator who claimed that she had been injured in a trip and fall in walkway in stadium owned by city board of education brought action against stadium manager, in his official and individual capacities, and asserted claims of negligence, wantonness, premises liability, negligent and/or wanton undertaking, and “combining and concurring negligence.”
The Circuit Court denied manager’s motion for summary judgment. Manager petitioned for a writ of mandamus.
The Supreme Court held that:
- Manager, who was an employee of the board, had sovereign immunity from the claims insofar as they were asserted against him in his official capacity;
- Pursuant to statute providing for State-agent immunity to those exercising judgment in the discharge of duties in educating students, manager had State-agent immunity from the claims insofar as they were asserted against him in his individual capacity; and
- Manager’s alleged failure to follow up regarding the sand that he had put in crack in stadium walkway and the orange cone that he had placed nearby did not defeat finding that he had State-agent immunity.