Schmidt v. Breeden

517 S.E.2d 171 (1999)

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Nature of the Case

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Facts

Schmidt (P) was a six-year-old student enrolled in a voluntary after-school enrichment program operated and controlled by Charlotte-Mecklenburg Board of Education (D). The Program was conducted between 2:00 and 6:00 P.M. each weekday afternoon. P was charged a thirty-five dollar ($35.00) per week enrollment fee participation in the Program. P suffered a head injury and no one from D told his mother. P suffered permanent brain and vision impairment. P filed suit and D moved for partial summary judgment. P asserted that the After-School Enrichment Program was a private daycare facility which operated and was located within a building owned by the D and D was not entitled to governmental immunity because operation of the Program constituted a proprietary function. The trial court denied Ds' motion. D appealed. Ds assert the trial court erred in that operation and control of the Program is a governmental function.