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Postell v. Anderson

The defendant, a paraprofessional at the plaintiffs' child's school, was entitled to official immunity in the plaintiffs' suit seeking to recover for injuries their child sustained during a wheelchair accident while in the defendant's care.

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J. Timothy and Danelle Anderson collectively, the plaintiffs sued Pamela Postell, seeking to recover for injuries sustained by their minor child, S. A., during a wheelchair accident while in Postell’s care. Postell, a paraprofessional at S. A.’s school, moved for summary judgment, arguing that she was immune from liability. The trial court denied the motion, and this appeal followed. Because we conclude that Postell was immune from suit, we reverse.

Summary judgment is proper when the evidence, construed in the nonmovant’s favor, shows that no issue of material fact remains and the movant is entitled to judgment as a matter of law. A defendant may prevail on summary judgment by showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff’s case.1

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