Credit v. Richland Parish School Board

61 So. 3d 861, 2011 La. App. LEXIS 427, 2011 WL 1380031
CourtLouisiana Court of Appeal
DecidedApril 13, 2011
DocketNo. 46,163-CA
StatusPublished
Cited by4 cases

This text of 61 So. 3d 861 (Credit v. Richland Parish School Board) 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
Credit v. Richland Parish School Board, 61 So. 3d 861, 2011 La. App. LEXIS 427, 2011 WL 1380031 (La. Ct. App. 2011).

Opinion

GASKINS, J.

hThe plaintiffs, Nakisha Credit, individually and on behalf of Adrienne Breana Howard, Kaylin Howard, and Kevin Credit, Jr., appeal from a trial court judgment finding that they have no cause of action against certain employees of the Richland Parish School Board arising from the death of Adrienne Breana Howard. For the following reasons, we reverse the trial court judgment and remand for further proceedings.

FACTS

In 2009, Adrienne Breana Howard (“Breana”) had been involved in an ongo[863]*863ing dispute with Courtney McClain (“Courtney”), who was apparently another student at Rayville High School. At the time of the incident discussed below, Brea-na had been expelled from Rayville High School and was attending the Richland Career Center at Archibald. On December 14, 2009, Breana was dropped off by a school bus at the rear of Rayville High School and began to walk home. According to the plaintiffs, LeBaron Sledge instigated a fight between Breana and Courtney. The fight began on a sidewalk at the rear of the school near the school bus zone. The plaintiffs allege that during the fight, Courtney pushed Breana off the sidewalk into the path of an oncoming Richland Parish School bus driven by Samuel G. Hesser. Breana was run over by the bus and died of her injuries. The plaintiffs contend that Kaylin Howard and Kevin Credit, Jr., Breana’s younger half-siblings, were on a bus immediately in front of the bus that struck Breana. Their bus was stopped and the passengers disembarked. The plaintiffs claim that Kaylin and Kevin Jr. witnessed the horrific injuries and death of their sister.

pNakisha Credit, mother of Breana, brings this suit individually and on behalf of Breana, Kaylin Howard, and Kevin Credit Jr., asserting her individual claim for wrongful death and survival damages and for the siblings’ Lejeune damages arising from Breana’s death.1 Defendants are the Richland Parish School Board; State Farm Mutual Automobile Insurance Company (“State Farm”), the insurer of the school board; Cathy Stockton, superintendent of the Richland Parish School Board; Georgia Ineichen, principal of Rayville High School; Larry Wright, Sr., vice-principal of Rayville High School; Samuel G. Hesser, driver of the bus that struck Brea-na; XYZ duty teachers; Gail McClain as the mother of Courtney McClain; and Amy Doe as mother of LeBaron Sledge.2

The plaintiffs argued that the defendants were negligent in numerous ways, including the failure to supervise, failure to timely respond to the fight, and failure to adequately staff the bus area with teachers or school personnel. The plaintiffs alleged that Samuel G. Hesser saw or should have seen the fight and yet continued to operate the bus near the fight without regard to the safety of the children in the school bus zone. According to the plaintiffs, the mother of LeBaron Sledge was liable for her son’s role in instigating the fight and Gail McClain was liable as the mother of Courtney ] sMcClain for her daughter’s action in allegedly pushing Breana into the path of the bus.

Before us on appeal are exceptions of no cause of action filed by Cathy Stockton, Georgia Ineichen, Larry Wright, Sr., Samuel G. Hesser, and XYZ duty teachers. These defendants asserted that the plaintiffs have no cause of action against school board employees in their individual capacities under La. R.S. 17:439. That statute provides that “Except as otherwise provided in this Section, no person shall have a cause of action against any school employee based on any statement made or action taken by the school employee provided [864]*864that the action or statement was within the course and scope of the school employee’s duties as defined by the school board in which the school employee is employed and was within the specific guidelines for school employee behavior as established by that school board.”

The trial court granted the exception of no cause of action as to Cathy Stockton, Georgia Ineichen, Larry Wright, Sr., and XYZ duty teachers, dismissing those parties at the plaintiffs’ cost, based upon La. R.S. 17:439. Regarding Samuel Hesser, the school bus driver, the trial court noted that La. R.S. 17:439(D) states that the provision does not apply to a school employee operating a motor vehicle to the extent that liability for such negligence is covered by insurance or self-insurance. The trial court found that the plaintiffs do not have a cause of action against Mr. Hesser in his individual capacity, but they do have a direct action against the bus driver’s insurer to the extent of any insurance.

l4The plaintiffs appealed the granting of the exception of no cause of action dismissing their claims against Cathy Stockton, Georgia Ineichen, Larry Wright, Sr., Samuel G. Hesser, and XYZ duty teachers.

NO CAUSE OF ACTION AGAINST SCHOOL BOARD EMPLOYEES

The plaintiffs argue that the trial court erred in finding that they have no cause of action against individual parish school board employees for omissions under the language of La. R.S. 17:439 as compared to the language of La. R.S. 17:416.4, and that the trial court erred in its interpretation of these statutes. This argument has merit.

Legal Principles

A “cause of action,” when used in the context of the peremptory exception of no cause of action, refers to the operative facts that give rise to the plaintiffs right to judicially assert the action against the defendant. White v. St. Elizabeth B.C. Board of Directors, 45,213 (La.App.2d Cir.6/2/10), 37 So.3d 1139. A peremptory exception of no cause of action questions whether the law extends a remedy to anyone under the factual allegations of the petition. The exception is triable on the face of the petition and the facts pled are to be accepted as true. Cadle Company v. Henson, 45,978 (La.App.2d Cir.1/26/11), 57 So.3d 458, 2011 WL 228599. All doubts are resolved in favor of sufficiency of the petition so as to afford litigants their day in court. The burden of demonstrating that a petition fails to state a cause of action is upon the mover. Foti v. Holliday, 2009-0093 (La.10/30/09), 27 So.3d 813.

|,Jn reviewing a trial court’s ruling sustaining an exception of no cause of action, this court reviews the case de novo because the exception raises a question of law and the lower court’s decision is based only on the sufficiency of the petition. Simply stated, a petition should not be dismissed for failure to state a cause of action unless it appears beyond doubt that the plaintiff can prove no set of facts in support of any claim which entitles him to relief. Every reasonable interpretation must be accorded the language of the petition in favor of maintaining its sufficiency and affording the plaintiff the opportunity of presenting evidence at trial. Cadle Company v. Henson, supra.

Legislation is the solemn expression of legislative will, and therefore, the interpretation of a law involves primarily the search for the legislature’s intent. La. C.C. art. 2; Gannett River States Publishing Corporation v. Monroe City School Board, 44,231 (La.App.2d Cir.4/8/09), 8 So.3d 833, writ denied, 2009-1029 (La.6/19/09), 10 So.3d 745. The rules for statutory construction are set forth in [865]*865SWAT 24 Shreveport Bossier, Inc. v. Bond, 2000-1695 (La.6/29/01), 808 So.2d 294:

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Related

Credit v. Richland Parish School Board
92 So. 3d 1175 (Louisiana Court of Appeal, 2012)
Credit v. Richland Parish School Board
85 So. 3d 669 (Supreme Court of Louisiana, 2012)

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Bluebook (online)
61 So. 3d 861, 2011 La. App. LEXIS 427, 2011 WL 1380031, Counsel Stack Legal Research, https://law.counselstack.com/opinion/credit-v-richland-parish-school-board-lactapp-2011.