Butler v. Louisiana State Board of Education

331 So. 2d 192
CourtLouisiana Court of Appeal
DecidedJuly 1, 1976
Docket5392
StatusPublished
Cited by17 cases

This text of 331 So. 2d 192 (Butler v. Louisiana State Board of Education) 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
Butler v. Louisiana State Board of Education, 331 So. 2d 192 (La. Ct. App. 1976).

Opinion

331 So.2d 192 (1976)

Randle BUTLER, Individually and as Tutor of his minor daughter, Elizabeth, Plaintiff-Appellee,
v.
The LOUISIANA STATE BOARD OF EDUCATION, and University of Southwestern Louisiana, Defendants-Appellants.

No. 5392.

Court of Appeal of Louisiana, Third Circuit.

April 14, 1976.
Rehearing Denied May 19, 1976.
Writ Refused July 1, 1976.

William J. Guste, Jr., Atty. Gen., Baton Rouge, and Frank P. Trosclair, Jr., Opelousas, for defendants-appellants.

John K. Hill, Jr., Mouton, Roy, Carmouche & Hailey, Lafayette, Roberts & *193 DeSonier, by John T. Keys, Jr., Metairie, for plaintiff-appellee.

Before HOOD, GUIDRY and PETERS, JJ.

HOOD, Judge.

Randle Butler instituted this suit individually and as tutor for his minor daughter, Elizabeth Butler, to recover damages for injuries sustained by his daughter when she fainted and fell after giving blood for a biology experiment. The defendants are the Louisiana State Board of Education and the University of Southwestern Louisiana. Miss Butler reached the age of majority after the suit was instituted, and thereafter the suit was continued with her and her father as plaintiffs. The trial court rendered judgment in favor of plaintiffs. Defendants appealed.

The principal issue presented is whether Df. W. D. Durio who was an assistant professor of biology at the above university when the accident occurred, was negligent in failing to provide proper facilities or supervision for the withdrawing of blood from Miss Butler, with the result that defendants are liable for the injuries sustained by plaintiffs.

In September, 1968, Miss Butler, who was then 18 years of age, enrolled as a freshman at the University of Southwestern Louisiana. Paul Villien, who was 20 years of age, enrolled as a senior in pre-medical studies at the same university at that time.

During the fall semester of 1968, the university offered for credit a course designated as "Biology 410," which was an individual study course for advanced students. Each student who took that course was permitted to engage in a research project under the supervision of a member of the faculty in the Biology Department, and by doing so he could earn credits to apply toward obtaining his degree.

Villien enrolled in the "Biology 410" course that semester, and he desired to undertake a research project which involved comparing the Vitamin C content in the blood of smokers with the Vitamin C content in the blood of non-smokers. Since a project of that kind required faculty supervision, Villien approached Dr. Walter Durio, an Assistant Professor of Biology, and discussed the project with him. Dr. Durio agreed to permit Villen to undertake the research project under his supervision and direction.

The project required the extraction of blood from student volunteers, some of whom were to be smokers and some non-smokers. The student volunteers would be required to give 5 cc's of blood, amounting to approximately one tablespoon, on each of several occasions which were to be scheduled by Villien. After drawing and analyzing the blood samples, Villien then planned to write a report based on a comparison of the non-smokers' control group with the smokers' control group.

The drawing of blood was to be performed by the student, Villien, who had acquired a working knowledge of blood extraction as the result of his part-time employment at Lafayette Charity Hospital. Prior to the accident, which occurred on October 17, 1968, Villien had been employed as a laboratory assistant in that hospital for about two years. He usually worked two or three nights per week and on weekends during the school year, and he worked full time during the summer vacation. He was given no specific clinical training in the drawing of blood during the above part-time employment, but he received on-the-job training under the direction of the medical technicians employed by the hospital. Villien was instructed in the various procedures of drawing blood, and in the procedures and practices of dealing with patients who became faint or weak subsequent to the extraction of blood. During the period of his employment prior to the accident, Villien dealt with approximately five persons who had become faint or syncopic following the extraction of blood. All *194 of those persons responded favorably to the first aid techniques he had been taught, however, and no accidents had occurred.

Dr. Durio permitted Villien to use his office, Room 200C of Billeaud Hall, for the purpose of extracting blood from the student volunteers. His office was a small room, being ten feet by twelve feet in size. In that office were an average size desk, a bookcase, several chairs and a small end table. There was no wheelchair or rollaway bed in that office. There also was no cot or bed or long table suitable for a person to lie on in Dr. Durio's office. There, however, was a long conference table suitable for that purpose in a conference room located adjacent to Dr. Durio's office. Dr. Durio and his secretary apparently agree that the distance from the desk in Durio's office to the above conference table, was about 16 paces.

To obtain volunteers for the above project, Villien asked his friends and other students to participate. Dr. Durio also endeavored to obtain student volunteers for the project by announcing to his classes, including the class in which Miss Butler was enrolled, the purpose of the project and then asking his students to participate in it. It was in response to one of Dr. Durio's announcements that plaintiff, Elizabeth Butler, volunteered to give blood for Villien's project.

On October 17, 1968, Miss Butler went to Dr. Durio's office, accompanied by her dormitory suitemate, Linda Fowler. Upon her arrival at Room 200C of Billeaud Hall, she entered the secretarial outer office, staffed by Mrs. Pat Dakin, a secretary in the Biology Department. Mrs. Dakin greeted Miss Butler, determined the purpose of her visit and instructed her to have a seat in the outer office, since Villien at that time was extracting blood from another volunteer. Mrs. Dakin testified that Miss Butler appeared apprehensive and nervous, and that she overheard plaintiff say something which indicated that she thought the blood was to be extracted from her finger instead of from her arm.

Shortly thereafter, when Miss Butler entered Dr. Durio's office, she was greeted by Villien, who informed her that the blood was to be extracted from her arm. He detected that she was uneasy, and he tried to reassure her by joking with her. Miss Butler was seated in a chair next to the desk in Dr. Durio's office. Villien placed a tourniquet on her arm, sterilized the area in which the needle was to be inserted, and he then attempted to puncture the vein with a vacutainer, a tube with needle attached and containing a vacuum. After several unsuccessful attempts to find the vein, Villien finally succeeded in withdrawing the required 5 cc's of blood from Miss Butler. After the extraction, Villien showed the tube of blood to Miss Butler, whereupon she expressed a feeling of being weak or faint. Villien immediately tried to reassure her, and while doing so he secured a coke from which Mrs. Butler took a couple of swallows. The testimony is conflicting as to whether Miss Butler at that time was administered some ammonia, and as to whether she was instructed to put her head in her lap or in a dependent position. It was evident, however, that regardless of what was done her condition did not improve.

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Bluebook (online)
331 So. 2d 192, Counsel Stack Legal Research, https://law.counselstack.com/opinion/butler-v-louisiana-state-board-of-education-lactapp-1976.