Page 4 - The Michigan Daily - Tuesday, August 6, 1985 City schools protected in court LANSING, (UPI) - The Michigan Court of Appeals, The appeals court said the district is immune "because reversing its previous decision, ruled yesterday the Ann it was involved in an activity authorized by law, i.e., Arbor Public Schools may not be sued over a janitor's operation of a school district, when the...conduct oc- alleged sexual assault on a student. curred." But the court said the girl's teacher and her principal It also said the district is not indirectly liable. are not protected by governmental immunity. "The factual allegations in this case do not indicate that (the janitor) was acting in the course of his authority as a THE APPEALS court originally had ruled that neither janitor, when he committed the" acts. the schools nor their employees were immune from the A dissenter said, "An employer is liable for an em- suit, brought by Ruth Collins on behalf of her minor ployee's assault if the employer knew or should have daughter. known of the employee's propensities to commit the The court was forced to reconsider, however, in light of assault." the Michigan Supreme Court's landmark ruling on gover- In holding the teacher and principal not immune, the nmental immunity last year. appeals court said supervision of a student and student ac- It is claimed that the girl was sexually assaulted on tivities is a "ministerial act," adding individuals "are not several occasions on school property. The specific assault clothed with immunity if...supervisory duties are mentioned in the suit took place during school hours. negligently performed." IN BRIEF From United Press International Causeof air crash remains unknown DALLAS (UPI) - Investigators yesterday pressed to determine whether wind shear, pilot error, light- ning or a weather warning system failure caused Delta Flight 191 to crash, killing 133 people. The Dallas County Medical Examiner's office, using dental and medical records and information provided by relatives, had positively identified 53 bodies. "I THINK it's going real well," said Pat Epley, a secretary to one of the doctors who volunteered to answer questions from the victims' relatives. "This is a monumental task." Flight 191 from Fort Lauderdale, Fla., bounced over a freeway clogged with commuters Friday night, skid- ded across open ground and erupted in flames just short of the runway at Dallas-Fort Worth International Air- pert. The crash - the fifth-worst in U.S. aviation history - killed 133 people, injured 31 others and scattered cargo and pieces of the Lockheed L-1011 along a quarter-mile path. The dead included a motorist decapitated by the jumbo jet. Chelsea gunman frees hostage after 5 hours CHELSEA - A gunman who wantedtelevision coverage and psychiatric help held a gasoline station attendant hostage for more than five hours yesterday before releasing him unharmed and surrendering to police. During the standoff the suspect, Kevin Schrader, 23, of Chelsea, threatened to blow up the Mobil station unless bis demands for $20,000 in cash and a mobile home for getaway were met. Police said the standoff began shortly after 4 a.m. when the gun- man poured gasoline around his car, which was parked in front of the station, and then seized the at- tendant, Richard Gashen, 32, of Jackson, Schrader called Wendy Berry, a producer at WJBK-TV in South- field, and told her his demands. When she asked why he did it, he replied, "Just for the hell of it," she said. Experts label bomb blast a 'freak' accident CHECOTAH, Okla. - Military and civilian experts yesterday said the explosion of three 2,000-pound bombs in a fire following a traffic wreck on an interstate highway was a "freak" accident, though it might prompt a review of tran- sportation procedures. Clare Thomas, spokeswoman for the McAlester Army Ammunition Depot, said the Army has begun an investigation to determine whether stringent safety measures were followed. "It's all under investigation," Thomas said. Baker prepares to face U.S. governors BOISE, Idaho - Treasury Secretary James Baker prepared yesterday to face governors from across the nation who are angered by a key element in the ad- ministration's tax plan - elimination of deductions for state and local taxes. Baker, the highest-ranking member of the administration to attend the 77th annual governors conference, was certain to run into a barrage of criticism at a late af- ternoon session. Kansas Democratic Gov. John Carlin, said that two-thirds of the governors opposed a provision in the tax bill that would eliminate deductions for state and local taxes. Challenger's last day stamped successful CAPE CANAVERAL, Fla. - Challenger's astronauts picked up s "dazzling" bonus day of sun gazing yesterday and prepared to return home from a mission stam- ped a superb success after a start that came close to failure. The shuttle is scheduled to glide to a 3:45 p.m. EDT landing today at Edwards Air Force Base in California's Mojave Desert after logging nearly 3.3 million miles in fight days of orbital travel around Earth. Chief scientist Eugene Urban said each of the flight's 13 ex- periments has conducted impor- tant research and in all, about 80 percent to 85 percent of the objec- tives were achieved. Bolivian government elects new president LA PAZ, Bolivia - Victor Paz Estenssoro, 77, was named president of Bolivia by a divided Congress yesterday even though he finished second in the presiden- tial elections. The decision was protested by former right-wing military ruler Gen. Hugo Banzer, who won the July 14 presidential election with a bare 2.15 percent margin over the conservative Paz Estenssoro. Congress was forced to choose the new president because no can- didate in the field of 18 received an absolute majority in the voting last month. Pooch Goggles Associated A 9-week old puppy sports a pair of custom-made riding goggles in Casa Grande recently. Dog and owner were on a cross state motorcycle ride and the gogles keep the wind out of the dogs eyes as he rides in a pouch strapped to his owner's chest. Sixteen of the injured remained la Y hospitalized, six in critical condition. S mu x y looks into fla.hings GB. Patrick Bursley, who directed accessible and very difficult to the first two days of the National (ContinuedfromPage 1) secure. We find the Frieze Building Transportation Safety Board in- Broner. doors propped open five or six days vestigation, Sunday said preliminary FITZGERALD said she wants more per week " he said v findings "of very raw data" show that security measures taken to keep Although public safety patrols are "there was no major malfunction of a people out of the building. "The doors giving the building "a little more at- system of the airplane." are not consistently locked," she said. tention," the people in the building He said an air traffic controller who "Some of it is the responsibility of have to shut and lock the doors to keep warned Delta Flight 191 pilot Edward staff coming in and out to lock the out unauthorized people, Heatley ad- Connors to pull up may have seen the doors, but it is up to security to see ded. plane after it first hit the ground about that the doors are locked consistently. Last spring, Broner was flashed 1,800 feet north of Texas 114, which "I want secure working con- twice by the same man. Both times runs north of the airport. There was ditions," she added. the man was in a stairwell and had no record the - order was But Heatley said security is a propped a door open to draw attention .ackpi , ged;; 4 0 * , , ,pxgbgm becqutse tle ilding is 'very," to himself, Broner said.. Vol. XCV - \o lii. 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