By Gina Tabonares
Variety News Staff

THE civil case against the Bishop Baumgartner Memorial School owner and its insurance firm will proceed to trial after the Superior Court of Guam determined that the respondents may be found liable for a student’s injuries.
Arthur and Judy Meno, parents of a student who sustained injuries while on the school campus, filed the lawsuit against the school, the archbishop of Agana, and the National Union Fire Insurance Co.
The student, who was 6 years old when the accident happened, allegedly tripped over an exposed tree root and sustained serious injuries.
The plaintiff argued that the defendants had a duty to maintain and keep the premises safe, including removing dangerous natural conditions.
The respondents, through their lawyer, William L. Gavras, however, argued during a motion hearing on Nov. 20, 2006 that the defendants owed no duty to protect plaintiff from an obvious and natural condition which the student was already aware of.
The defense, which filed a motion for a summary judgment, said the evidence indicates that the student was aware of the alleged root because she saw it every day and, more importantly, the root was a natural condition and liability can not be imposed for such conditions.
The plaintiff, however, replied that the student was only 6 years old at the time, and her tender age helps to negate her knowledge of the condition.
The defendants further argued that although childhood accidents are unfortunate, they are part of everyday school life and school officials should not be expected to guarantee their prevention.
Judge Steven Unpingco, in a decision and order, denied the defense motion for a summary judgment, stating that the defendants failed to present their position that they had no duty to protect the student from a natural, non-hazardous and known object such as a tree root.
The court also rejected the defense argument that the natural condition of the root bars recovery and that the student negligently failed to avoid it and that the root was not a dangerous condition.
Judge Unpingco ruled that genuine issues of material fact exist for trial in Meno’s claim of negligence against the school and the archbishop of Agana.
The court also ruled that the action claim against the insurance firm must proceed to trial as well.