Eisel v. Board Of Education Of Montgomery County

597 A.2d 447 (1990)

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Nature of the Case

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Facts

Nicole was a thirteen-year-old student at Sligo Middle School in Montgomery County. She and another thirteen-year-old girl consummated an apparent murder-suicide pact on November 8, 1988. The complaint avers that Nicole became involved in Satanism, causing her to have an 'obsessive interest in death and self-destruction.' During the week prior to the suicide, Nicole told several friends and fellow students that she intended to kill herself. Some of these friends reported Nicole's intentions to their school counselor, who relayed the information to Nicole's school counselor. They then questioned Nicole about the statements, but Nicole denied making them. The parents and school administration were not notified about the incident. The record suggests that the other party to the suicide pact shot Nicole before shooting herself. The murder-suicide took place on a school holiday in a public park at some distance from Sligo Middle School. The other party to the pact attended another school. Nicole's father, P, brought the instant action. P's complaint alleges negligence on the part of two counselors at Nicole's school, among others. Ds filed a motion for summary judgment asserting that they owed no duty to P or P's decedent. The court granted Ds' motion to dismiss complaint with prejudice. P appealed.