Grammens v. Dollar, 287 Ga. 618

Summary

The Georgia Supreme Court held that a teacher was protected by official immunity from personal liability arising from a student's eye injury during a bottle-rocket science experiment. The court concluded that the applicable eye-protection policy required the teacher to exercise discretion in determining whether the experiment involved "explosive materials," rather than imposing a ministerial duty. The court reversed the Court of Appeals, with three justices dissenting.

Holdings

1. The policy did not impose a ministerial duty because its application depended on whether the experiment involved 'caustic or explosive materials,' an undefined condition requiring the teacher to exercise personal deliberation and judgment.
2. Official immunity shielded Grammens from personal liability because the alleged failure to require eye protection involved a discretionary act, and there was no evidence of malice, willfulness, or intent to injure.

Questions Presented

1. Whether the school-board eye-protection policy imposed a ministerial duty on Grammens to require students to wear eye protection during the bottle-rocket experiment.
2. Whether Grammens was protected by official immunity from personal liability for failing to require students to wear eye protection.

Disposition

reversed