The plaintiffs brought a negligence claim against the school board, principal, and vice-principal for injuries sustained by the student plaintiff during a schoolyard assault by other students.
The plaintiffs alleged that the school failed to properly supervise the students and investigate prior incidents of bullying, which culminated in an assault that caused permanent tinnitus.
The court found that while the school breached the standard of care in failing to investigate a prior incident and losing an accident report, these breaches did not cause the assault, which was a sudden and unexpected event during a hidden game of tackle football.
The claim was dismissed as the plaintiffs failed to establish cause in fact.
