## Facts

- Christopher Norman, a 15-year-old freshman, enrolled in a beginner welding class at Ogallala High School taught by Willis Hastings.
- The class involved arc and acetylene welding; students were inexperienced and still developing proficiency.
- The school provided some protective gear (e.g., goggles, helmets, leather gloves, leather leggings) but did not provide leather aprons.
- Use of provided protective gear was encouraged but not required, and students were permitted to weld regardless of attire.
- Course materials mentioned safety, and Hastings distributed handouts depicting protective leather or heavy fire-resistant clothing, but he commonly instructed students only to bring an “old shirt” from home.
- Parents were not given specific guidance about required protective clothing.
- During class, Christopher wore an untreated flannel shirt over an untreated T-shirt; while welding, the shirt ignited and he suffered severe second- and third-degree burns.
- The Normans sued the school district and Hastings for negligence based on failure to provide and enforce proper safety equipment, clothing requirements, and safety practices.
- After a bench trial, the district court found defendants negligent and awarded $342,290.80 in damages.

## Issues

1. Whether the alleged safety-related conduct was protected by the Political Subdivisions Tort Claims Act (PSTCA) discretionary-function exception, barring liability.
2. Whether the trial court properly admitted and relied on expert testimony and welding-industry safety standards (including ANSI Z49.1-94) to establish the standard of care.
3. Whether the evidence was sufficient to support findings of negligence and proximate causation.

## Decision

- The Nebraska Supreme Court affirmed the judgment for the plaintiffs.
- The discretionary-function exception did not apply because the conduct at issue was operational implementation of safety practices, not protected policy-making.
- The trial court properly admitted and considered ANSI Z49.1-94 and expert testimony as evidence of the applicable standard of care.
- The evidence supported findings that defendants breached their duty of reasonable care and that the breaches proximately caused Christopher’s injuries.

## Legal Principles

- Under the PSTCA, discretionary-function immunity protects policy-making or planning-level decisions but does not shield operational negligence in carrying out an established program.
- Decisions and omissions involving day-to-day safety implementation in a hazardous school class (e.g., requiring protective clothing, providing aprons, enforcing compliance) are operational for immunity analysis.
- Recognized industry safety standards and expert testimony are admissible and relevant evidence of the standard of care in negligence actions, including in school-supervised technical instruction.
- Proximate cause may be established where competent expert evidence supports that proper safety equipment or clothing would have prevented the injury.

## Conclusion

The court held that a school district and teacher may be liable for operational failures to implement and enforce reasonable welding-class safety measures, and it upheld use of industry standards and expert testimony to prove breach and causation, affirming the damages award.


Norman v. Ogallala Pub. Sch. Dist., 259 Neb. 184, 609 N.W.2d 338 (2000)