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
- Whether the alleged safety-related conduct was protected by the Political Subdivisions Tort Claims Act (PSTCA) discretionary-function exception, barring liability.
- 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.
- 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.