KILLEN v. INDEPEND. SCHOOL DIST. NO. 706

No. CX-95-2505.

547 N.W.2d 113 (1996)

John J. KILLEN, Trustee for the next of kin of Jill M. Dibley, Deceased, Appellant, v. INDEPENDENT SCHOOL DISTRICT NO. 706, Defendant and Third-Party Plaintiff, Respondent, v. John and Gayle DIBLEY, Third-Party Defendants, and John J. KILLEN, Trustee for the next of kin of Jill M. Dibley, Deceased, Appellant, v. Frank FABISH, Defendant and Third-Party Plaintiff, Respondent, v. John and Gayle DIBLEY, Third-Party Defendants, Respondents.

Court of Appeals of Minnesota.

May 7, 1996.


Attorney(s) appearing for the Case

Joseph J. Roby, Jr., Thomas R. Thibodeau, Laura J. Schacht, Johnson, Killen, Thibodeau & Seiler, P.A., Duluth, for appellant.

Kay Nord Hunt, Ehrich L. Koch, Sherri D. Ulland, Lommen, Nelson, Cole & Stageberg, P.A., Minneapolis, for respondent.

Considered and decided by LANSING, P.J., and TOUSSAINT, C.J., and MANSUR, J.


OPINION

LANSING, Judge.

In a wrongful death action, the district court concluded that a school district and its guidance counselor were immune from liability for a student's at-home suicide. We affirm the application of discretionary function immunity to the district's lack of a suicide prevention policy and the application of official immunity to the guidance counselor's decision on when to tell parents that a student expressed suicidal thoughts.

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