Kelly W. Johnston, of Johnston Law Offices, P.A., of Wichita, for appellants. This was not a required activity. Even though students had been engaging in this activity in the gymnasium for approximately 20 years before Jackson's injury, no one had ever been injured. After his injury, Jackson sued the school for negligence, as well as gross and wanton negligence. The district court found that there was no genuine issue as to any material fact as contained in the parties' statement of facts.
Summary judgment is appropriate when there is no genuine issue as to any material fact.
Even though Jackson alleges that there were disputed material facts, his argument focuses on interpretation of the statute and he cites no facts that were in dispute. Summary judgment was appropriate. Interpretation of the statute remains an issue. The KTCA does not provide definitions for any of these terms. Under the KTCA, governmental liability is the rule and immunity is the exception.