Robinson v. City of Bartlesville Board of Education

Citations: 700 P.2d 1013; 25 Educ. L. Rep. 903; 1985 OK 39; 1985 Okla. LEXIS 204Docket: 62551

Court: Supreme Court of Oklahoma; May 14, 1985; Oklahoma; State Supreme Court

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Florence Robinson appealed after the trial court dismissed her case against the City of Bartlesville Board of Education. She claimed injuries sustained from stepping on a sunken water drain grill in the school parking lot were due to the Board's negligence in installation and maintenance, arguing that they had a duty to provide warnings about the hazard. The Board demurred, asserting that the construction and maintenance of parking lots are discretionary functions, which typically shield political subdivisions from liability under 51 O.S. 1984. 155(5) and (15). However, the court clarified that subsection 155(15) pertains only to traffic control devices on public roadways, not school parking lots. The key issue revolved around whether the Board's actions were discretionary or ministerial. Citing a precedent, the court reasoned that while the decision to build a parking lot was discretionary, the Board had an ongoing obligation to ensure the parking lot was reasonably safe for users. Thus, if the sunken drain’s installation and maintenance did not meet safety standards, the Board could be liable for the injuries sustained.

The decision to construct a parking lot is a policy matter; however, once construction begins, safety regulations must be adhered to by the government. Negligent actions, such as failing to install danger signs and guardrails during the operational phase, can lead to liability. Jurisprudence indicates that municipalities have discretion over the initiation of public improvements and are not liable for decisions made in this context. However, when it comes to the construction and maintenance of these improvements, municipalities act in a ministerial capacity, which can result in liability for negligence. 

In relevant case law, the Ninth Circuit allowed recovery for injuries related to negligence in construction practices, emphasizing that while initial decisions may involve discretion, operational actions must be performed with reasonable care. For instance, the establishment of an air traffic control system represents a discretionary policy decision, but subsequent actions by air traffic controllers must be executed without negligence.

The distinction between discretionary and ministerial duties hinges on the factual context. In the specific case of the high school parking lot in Bartlesville, the construction and maintenance were deemed operational acts rather than discretionary, thereby negating immunity under 51 O.S. 1984. 155(5). The trial court's order was reversed, the petition reinstated, and the case remanded for further proceedings, with all justices concurring.

Section 155(5) addresses the discretionary nature of acts performed by political subdivisions and their employees. Section 155(15) outlines the conditions under which a political subdivision may be held liable for the absence, condition, or malfunction of traffic and road signs, signals, or warning devices. Liability may arise only if the subdivision fails to correct these issues within a reasonable time after receiving actual or constructive notice, except in cases where such failures are due to third-party actions, weather, or traffic collisions. The section clarifies that political subdivisions are not liable for the initial failure to install these devices if it results from a discretionary decision. The referenced signs and devices are related to hazards typically associated with public roadways and do not pertain to special defects like excavations. The legal precedents, notably Ochoa v. Taylor, establish that cities and school districts do not have a common-law or statutory obligation to install or maintain such devices, as these decisions fall under discretionary acts exempt from liability under the Political Subdivision Tort Claims Act. The distinction between discretionary and ministerial duties is emphasized, with the latter being more obligatory and less subject to judgment. Various case law and legal commentary further support these principles.