Baheth v. Lafayette Parish Sch. Sys.

245 So. 3d 1252
CourtLouisiana Court of Appeal
DecidedApril 25, 2018
Docket17–821
StatusPublished
Cited by1 cases

This text of 245 So. 3d 1252 (Baheth v. Lafayette Parish Sch. Sys.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baheth v. Lafayette Parish Sch. Sys., 245 So. 3d 1252 (La. Ct. App. 2018).

Opinion

KEATY, Judge.

Plaintiff/Appellant, Dorothy Baheth, on behalf of her minor child, appeals the trial court's grant of summary judgment in favor of Defendant/Appellee, Lafayette Parish School Board. For the following reasons, the trial court's judgment is affirmed.

FACTS AND PROCEDURAL HISTORY

In this personal injury matter, the minor child, Sharntii "Darius" Baheth (Darius), allegedly sustained injuries on December 17, 2010, during a school-sponsored field trip to a movie theater in Lafayette, Louisiana. Darius, who was thirteen years old at the time, was a student at Paul Breaux Middle School and was enrolled in an Individualized Education Plan (IEP) because of his medical diagnosis of autism. His IEP enabled him to participate in Community Based Instruction (CBI) activities with students without exceptionalities, which included participating in the field trip at issue in this case. The record reveals that as the teachers and students exited the bus to cross the street to the movie theater, Darius began running around outside. His teachers grabbed his hands and escorted him across the street during which time he attempted to run away. He then became physically violent. To prevent him from injuring himself or others, Darius's teachers placed him in a two-person restraint. Darius was thereafter given his medication and was able to watch the movie. Ms. Baheth alleges that Darius suffered injuries because of the incident.

Ms. Baheth, on Darius's behalf, filed a Petition for Damages against the Lafayette Parish School Board (the Board) for "bodily injuries and damages" arising from the field trip. She alleged that the injuries occurred when restraining gear was placed on Darius. She also alleged that the teachers failed to timely administer his medication. The Board filed an answer and a Motion to Compel, which the trial court granted on May 28, 2014.

The Board subsequently filed the instant Motion for Summary Judgment, alleging that it was immune from suit based upon the Educational Opportunities for Students with Exceptionalities (EOSE), *1255La.R.S. 17:1941 -1947. Alternatively, the Board alleged that no duty was breached and that Darius was not injured during the field trip. Ms. Baheth filed an opposition memorandum. Following a hearing on April 3, 2017, and pursuant to a written judgment dated April 24, 2017, the trial court granted summary judgment in favor of the Board, dismissing Ms. Baheth's suit with prejudice. Ms. Baheth appealed.

On appeal, Ms. Baheth alleges the following assignments of error:

I. The trial court erred in not reviewing plaintiff-appellant's brief in opposition to summary judgment, prior to hearing, and ruled from the bench after declaring that he had not done so.
II. The trial court erred in finding no material issue of fact as the record of the hearing established multiple issues of material fact with regards to liability and damages.

STANDARD OF REVIEW

"Appellate courts review summary judgments de novo under the same criteria that govern the district court's consideration of whether summary judgment is appropriate." Elliott v. Cont'l Cas. Co. , 06-1505, p. 10 (La. 2/22/07), 949 So.2d 1247, 1253 (quoting Reynolds v. Select Props., Ltd. , 93-1480 (La. 4/11/94), 634 So.2d 1180 ). "After an opportunity for adequate discovery, a motion for summary judgment shall be granted if the motion, memorandum, and supporting documents show that there is no genuine issue as to material fact and that the mover is entitled to judgment as a matter of law." La.Code Civ.P. art. 966(A)(3).1

ANALYSIS

I. First Assignment of Error

In her first assignment of error, Ms. Baheth contends that the trial court erred in not reviewing her brief in opposition to summary judgment prior to the hearing and in ruling from the bench after declaring that it had not done so. In support, she asserts that the trial court, "upon memory of counsel during the docket call," stated that it "did not review" Ms. Baheth's brief prior to the hearing and proceeded "to listen to argument and ruled from the bench." Ms. Baheth contends that the trial court failed to "properly consider all evidence," some of which was attached to her opposition memorandum.

The minutes of the trial court reveal that counsel for both sides were present and orally presented their arguments. The minutes state, in pertinent part: "After hearing oral arguments, the Court stated its oral reasons for ruling and granted the motion." The transcript of the hearing reveals the following:

THE COURT: Thank you. The Court notes that the incident took place December 17, 2010, about six-and-a-half years ago. The plaintiffs had adequate time to develop through any kind of discovery the case and upon the evidence presented the court finds that there is no genuine issue of material fact and will grant the motion for summary judgment. Plaintiff will be cast with cost.

The foregoing ruling was memorialized in the trial court's written judgment, dated April 24, 2017, wherein it states that it granted the Board's motion for summary *1256judgment after "having considered the entire record, including but not limited to the pleadings, the memoranda and exhibits attached thereto submitted by the parties, the law, evidence, and argument of counsel[.]" According to the Rule 9.5 Certificate in the record, which is dated April 13, 2017, Ms. Baheth had no opposition to the proposed judgment. As such, we find that the trial court did not err in this regard, and Ms. Baheth's first assignment of error is without merit.

II. Second Assignment of Error

In her second assignment of error, Ms. Baheth contends that the trial court erred as the record of the hearing established multiple issues of material fact regarding liability and damages. She contends that Darius sustained head, face, and lower extremity injuries when restraining gear was placed upon him by his teacher, Katie Daire.2 Ms. Baheth alleges that Darius fell onto the ground when he tripped out of the restraining gear. She further asserts that the Board breached its duty by failing to timely administer his medication.

In opposition, the Board asserts immunity from damages based upon the EOSE. According to the EOSE, it is the duty of the state and local educational agencies "to provide a free appropriate public education in the least restrictive environment to every student with an exceptionality, ages three through twenty-one, who is a resident therein." La.R.S. 17:1941. The procedural safeguards employed under the EOSE are governed by La.R.S. 17:1946(C), as follows:

(1) No person, who is an employee of a public school system, or his employer, who in good faith renders school health services and medical services to students with exceptionalities which are required by state or federal law, shall be liable for any civil damages as a result of any act or omission in rendering the care or services required.

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Bluebook (online)
245 So. 3d 1252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baheth-v-lafayette-parish-sch-sys-lactapp-2018.