During batting practice in the batting cages at Howland High School, while under the supervision of baseball coach Thomas Eschman , Jeffrey Elston was injured when a ball hit a protective screen, ricocheted, and struck him in the head. Elston was life- flighted to Cleveland by helicopter, where he was treated for head injuries at Rainbow Babies and Children's Hospital.
Later Elston's parents brought suit against the high school. The school pointed to a state statute that granted state subdivisions, such as the school district, sovereign immunity. Elston's parents argued that the actions under scrutiny involved a schoolrelated activity located on government-owned property, which clearly made it one of the exceptions to the sovereign immunity rule.
The school district defended itself by arguing that the coach's actions not only represented a legitimate exercise of his professional discretion but were also carried out in good faith and were free from wanton, reckless, or malicious conduct. Should the school district escape liability here? Explain.
Elston v. Howland Local Schools, 113 Ohio St.3d 314 (Ohio Supreme Court)