Bowers v. Orleans Parish School Bd.

694 So. 2d 967, 1996 WL 293780
Louisiana Court of Appeal·Decided May 29, 1996·No. 95-CA-2530·Published·Cited by 23 cases

Opinion

694 So.2d 967 (1996)

Vertis BOWERS, natural parent of Krishell Bowers
v.
ORLEANS PARISH SCHOOL BOARD, et al.

No. 95-CA-2530.

Court of Appeal of Louisiana, Fourth Circuit.

May 29, 1996.

*968 Frank B. Hayne, New Orleans, for Plaintiff-Appellant.

Donesia D. Turner, Bryan & Jupiter, New Orleans, for Defendant-Appellee.

Before BYRNES, ARMSTRONG and WALTZER, JJ.

WALTZER, Judge.

I. STATEMENT OF THE CASE

Plaintiffs appeal a September 26, 1995 judgment from the district court, dismissing their petition and granting defendant's exception of prescription. No reasons for judgment were provided.

II. STATEMENT OF FACTS

On November 6, 1991 at Rosenwald Elementary School, several students, including Krishell Bowers, reported to Principal Gertrude Ivory that substitute teacher Alvin Pierre touched them inappropriately, namely, fondled their breasts. Mrs. Ivory contacted the New Orleans Police Department and on that same day, as he was entering his classroom, Alvin Pierre was arrested for sexual misconduct. According to Mrs. Ivory's affidavit, Alvin Pierre[1] has not worked as a substitute teacher or been present at Rosenwald School since that day.

Detective Edward O. Gai, Jr. states in his affidavit that on November 6, 1991 he was called to Rosenwald School to investigate the allegations of sexual misconduct against Alvin Pierre. He further states that on November 6, 1991, he took a statement from Krishell Bowers and gave Krishell his name, business address, business telephone number and the item number of the complaint to give to her parents or guardians. Lastly, Detective Gai states "(t)hat on November 6, 1991, (sic) or November 7, 1991, he personally spoke with Ms. Vertis Bowers via telephone to discuss her daughter's, Krishell Bowers (sic), statement to him regarding the alleged misconduct."

On January 6, 1993 plaintiff filed the instant petition and on October 19, 1994 defendants filed an exception of prescription. On May 11, 1995 plaintiff filed an amended petition alleging the following additional and/or amended paragraphs:

2.
The molester, Alvin Pierre, warned those whom he molested against telling anyone on penalty of harm and retribution against them, which, combined with the traumatic results of the molestation, prevented Krishell from talking about it with her mother.
3.
The first relevant knowledge of petitioner was that some sexual violation(s) had occurred; however, when it or they occurred, the extent of what had taken place, and the forms of the abuse did not become known in any substantial way to petitioner until the summer of 1992; and the details of what took place were not at that time nor have they ever been conveyed to petitioner by her daughter.
4.
As a direct result of the psychological and emotional damage suffered by Krishell Bowers from being molested by Alvin Pierre, she could not and did not convey to her mother the facts of what had taken place, making her mother ignorant of the existence and nature of the cause of action which existed.

In response thereto, the defendant filed an amended exception of prescription which was *969 set for hearing on September 22, 1995. Pertinent parts of the transcript are as follows:

(Testimony of Vertis Bowers)
Q. What to your knowledge unusual occurred in that year (1991) in connection with her attendance at that (Rosenwald) school?
A. I received a phone call from a detective stating that he was called in by Miss Ivy.
Q. When was this phone call received; was that in November 1991?
A. Yes, it was.
Q. What were you told?
A. When he called me, he told me that he just wanted to inform me that he was called by the school and that Miss Ivy had called him in and he would get back with me to let me know any other information, but that's it. I haven't heard from him since that time.
Q. When did you next receive any information concerning difficulties that your daughter had in school?
A. It was at least a year later. I tried to get my daughter to open up, but she wouldn't.
Q. You asked her about it?
A. I asked her as to the allegations of what happened at school and she still up to this date, she won't open up.
Q. Did you consult Miss Eunice Charles as your attorney?
A. Yes, I did.
Q. When did you consult her?
A. It was about a year after I had tried to get my daughter to open up to me and I was talking to her about it, Miss Charles.
Q. Did your daughter later on tell you more about what happened?
A. She told me. That's when I talked to Miss Charles that the man was fondling her up.
Q. Was that the first time she told you?
A. Yes. And I talked to Miss Charles about it.
Q. When did you speak to Miss Charles?
A. I can't remember exactly right now, but I know it was about a year after I had tried to get my daughter to open up to me.
Q. So it was a year delay before you got any further information from your daughter?
A. Yes, sir.
* * * * * *
Q. Miss Bowers, I want to get straight the date that the detective called you. Did he call you or did you call him?
A. I called him when I got the card; the school sent the card home.
Q. Krishell gave you the card?
A. Krishell gave me a card and I said I want to know what was it about and she said to just call him.
Q. You called him the same day?
A. That evening. I had to wait until the next day before I could talk to him and then he said he will get back with me after he found out more information from the school. And I haven't talked to him any more about it.
Q. Is it true that when you talked to Detective Gai, that Krishell—
A. He was telling me what Miss Ivy said.
Q. He didn't tell you what Krishell's allegations were?
A. No. He said he had to find out more information from the school.
MISS TURNER:
Thank you.
THE COURT:
You knew that something involving your daughter happened at the school in November (sic) 1991, didn't you?
THE WITNESS:
Yes. And I tried to talk to the principal.
THE COURT:
And what?
THE WITNESS:
Miss Ivy. And I asked her what happened and she said the man was arrested.
THE COURT:
She must have said the man was arrested?
THE WITNESS:
*970 No. I asked her what happened and she said the man was arrested because the girls came in and said he was touching on them. And I asked her, I said, "Well, what do you mean touching on them?" And I went to ask my daughter and she wouldn't open up to me.

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Bowers v. Orleans Parish School Bd., 694 So. 2d 967, 1996 WL 293780 (La. Ct. App. 1996).

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