Appeals court: DeKalb teacher not liable for student’s burns

A DeKalb County high school teacher whose science experiment resulted in a student being severely burned is not liable for the student’s injuries, the Georgia Court of Appeals ruled Thursday.

In a 3-0 opinion, the appellate court reversed part of a trial judge’s order that allowed the family of Malachi McFadden to pursue some civil claims against the teacher. The part of the DeKalb County judge’s order which ended other claims against the teacher was upheld.

McFadden’s face, neck, arms and back were burned on Aug. 6, 2019, when his chemistry teacher at Redan High School was performing a demonstration in which a dollar bill was soaked in water and ethanol then set alight inside a bowl. The teacher mistakenly poured a beaker of ethanol on the flaming dollar bill, thinking it was water, in an attempt to extinguish the fire, court records show.

Flames reached about 4 feet tall and spread about 6 or 7 feet across the classroom to where McFadden was sitting, the appeals court said. It said the teacher had told students to move away from the flaming bill before she tried to douse it, but McFadden remained seated at an adjacent table.

“(The teacher) may have performed her discretionary duties poorly, but because McFadden failed to establish that she violated a ministerial duty leading to his injuries, his claims against her are due to be dismissed,” the court said.

The DeKalb County School District investigated the incident and determined that the teacher had violated policy by failing to properly label the beakers used in the demonstration, the court noted. It said there was no fire blanket or fire extinguisher inside the classroom, though a fire extinguisher was located outside in the hallway.

The school district did not immediately answer questions Thursday about the teacher or the incident. It is unclear whether the teacher is still employed by the district.

Lawyers for the teacher

Malachi McFadden was left with burns on his face, neck and arms after a chemistry demonstration at Redan High School went awry in August 2019. declined to comment on the ruling. Attorneys representing McFadden’s family did not immediately respond to questions about the case.

McFadden’s family sued the teacher in November 2019, alleging she was liable for his injuries because she negligently failed to perform certain “ministerial acts” in relation to a host of applicable standards, policies and safety rules.

In February 2023, DeKalb County State Court Judge Ana Maria Martinez ruled that the teacher was only liable for failing to provide students with a safety contract and require them to wear safety goggles before performing the science demonstration.

The appeals court said the teacher did not violate any professional duties.

It said the teacher was not required to provide students with safety goggles during the demonstration, and that “McFadden did not allege that he was injured in his eyes or that goggles would have prevented his injuries.”

The teacher also didn’t have to give students a safety contract before the demonstration in which the students were not participating, the appeals court held.

The teacher mistakenly poured a beaker of ethanol on the flaming dollar bill, thinking it was water, in an attempt to extinguish the fire, court records show.

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