• Wednesday, November 25, 2009
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University Can't Claim Immunity in Lawsuit Over Molten-Iron Accident, Court Rules

A state court has found the University of Southern Mississippi negligent in a case stemming from an accident in which a sculpture student was badly burned during an iron-pouring demonstration.

The Mississippi Court of Appeals on Tuesday overturned the ruling of a lower court, which had found that the university was immune from such lawsuits under state law. The appeals court ruled, however, that the immunity did not apply in this case because the incident did not involve “social, economic, or political policy.” That is one of the standards for “discretionary function immunity” established by the Mississippi Supreme Court.

In the incident, Regan Pritchard, an undergraduate in the arts program at Southern Miss, was hurt in 2000 during a demonstration at the University of Kentucky that was staged by her professor, Harold D. (Skip) Von Houten III. The accident occurred when molten iron overflowed a ladle, and spilled onto wet ground, causing an explosive reaction. Some of the iron entered Ms. Pritchard’s boot, causing third-degree burns on her left ankle. She had to drop out of college and amassed medical bills in excess of $13,000.

The appeals court ruled that if Mr. Von Houten had spread dry sand, the chances of an accident would have been lessened. The case was remanded to a local court for a trial to set damages.