The Munich regional court addressed the question of whether the educators had breached their duty of supervision. The 63-year-old plaintiff recalled that his daughter, to whom he had loaned his car, called him at lunchtime.
She said she was “dissolved” by the stones, branches, and dents on his car. In addition to sheet metal parts, the car's windshield was apparently also damaged. The head of the kindergarten admitted the damage, but stressed that she and the ten other teachers who looked after the 85 children that day had not violated their duty to look after them. In the outdoor area, designed as a natural garden, there are, among other things, bushes, caves, a tree house, and a rockery. The court ruled that the kindergarten was not liable for the damage caused by the three children from the star group, one six years old and the other two five.