In the case of Baab v. Medina City Schools Bd. of Edn., 2019-Ohio-510, an Ohio appellate court held that a school counselor’s failure to act upon learning of a student’s suicidal intentions may not be shielded by political subdivision immunity.
In this case, the school counselor met with a student on several occasions after receiving reports that the student had suicidal intentions. The school counselor notified the student’s father and suggested that the student seek psychological counseling. While the school counselor subsequently received a call that the student was sending text messages to other students stating that the student was going to kill himself, the school counselor “did not report the phone call to anyone,” did not meet with the student, “did not conduct an assessment of [the student’s] suicide risk,” and “did not contact [the student’s] father.” Baab at ¶ 6. The student committed suicide a few days later.
The student’s father brought a wrongful death claim against the school counselor, who then sought to dismiss the lawsuit based upon political subdivision immunity. For an explanation on political subdivision immunity, see our blog here. The Ohio appellate court held that a question of fact exists as to whether the school counselor’s failure to respond to the call immediately prior to the student’s death constitutes recklessness which, if true, would be an exception to the school counselor’s immunity.
It should be noted that the appellate court did not determine that the school counselor’s failure to act was reckless conduct but, rather, that political subdivision immunity could not be granted to the school counselor until a jury makes such a determination.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.