The court ruled on Monday in a 4-3 decision that South Forsyth Middle School teacher Patricia Grammens is protected by official immunity from liability for the injury suffered by eighth-grader David Dollar. The student was not wearing protective goggles when he was struck in the eye by a metal pin in 2004.
The student's father claimed in a lawsuit that Grammens' failure to comply with policy led to the injury. Her attorneys argued that her decision not to require goggles was discretionary, which would give her immunity.
Judge Robert Benham, writing for the high court's majority, said the teacher had to determine whether the requirement was applicable.
http://accesswdun.com/article/2010/7/230550