Frame v. Comeaux

735 So. 2d 753, 1999 WL 228797
Louisiana Court of Appeal·Decided April 21, 1999·No. 98-1498·Published·Cited by 4 cases

Opinion

735 So.2d 753 (1999)

Lester FRAME, et al., Plaintiffs— Appellants,
v.
Dr. Barry COMEAUX, et al., Defendants—Appellees.

No. 98-1498.

Court of Appeal of Louisiana, Third Circuit.

April 21, 1999.

*754 Michael Voorhies Matt, Eunice, for Lester Frame and Patsy Frame, etc.

Donald Wayne Hebert, Opelousas, for Barry Comeaux et al.

Before DOUCET, C.J., SAUNDERS, and SULLIVAN, Judges.

SULLIVAN, Judge.

Lester and Patsy Frame appeal the judgment of the trial court denying their claims against Defendants, Dr. Barry Comeaux, Opelousas Catholic School, Inc., and the Diocese of Lafayette. The Frames sued Defendants individually and on behalf of their minor son, Casey, a former student of Opelousas Catholic School, Inc., for an incident that occurred on March 16, 1995 involving Casey and Dr. Comeaux and for refusing to allow Casey to enroll at the school for the 1995-1996 school year. We affirm the judgment of the trial court.

STANDARD OF REVIEW

Findings of fact by the trial court cannot be set aside in the absence of manifest error or unless the findings are clearly wrong. Where there are conflicts in the testimony, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed on review. Rosell v. ESCO, 549 So.2d 840 (La.1989). The fact finder's choice between two permissible views of the evidence cannot be manifestly erroneous. Id. It is the function and prerogative of the trial court to determine the credibility of the witnesses that appear before it. Bruno v. Harbert Intern., Inc., 593 So.2d 357 (La.1992). This court must review the record in its entirety to determine whether the findings of the trier of fact are clearly wrong or manifestly erroneous. Stobart v. State, DOTD, 617 So.2d 880 (La.1993).

We believe it is important at the outset of our review of this matter to identify the role of schools in educating our youth and the necessity and responsibility of the schools to maintain the discipline necessary to fulfill this role. This court in Jones on Behalf of Cooper v. W.T. Henning Elementary School Principal, 98-470, p. 3 (La.App. 3 Cir. 10/28/98); 721 So.2d 530, 532, addressed these issues, stating:

The primary objective of school officials and teachers is the education of the young people in their charge. If a teacher, or principal, is unable to establish discipline and maintain an orderly learning environment, the objective of education cannot be met. In today's society, where educators must compete for their students' attention against numerous outside influences, there is a greater necessity to ensure that students are given the opportunity to learn in a positive and orderly environment free from distractions.

We have conducted our review of this matter in light of these objectives and conclude that no error was committed by the trial court. The Reasons for Decision issued by the trial court are concise and accurate. We adopt the following pertinent portions of the reasons as our own and interject additional comments where deemed appropriate.

*755 FACTS
On March 8, 1996, plaintiffs filed a Petition for Damages based upon the theories of assault and battery; breach of contract/detrimental reliance; and abuse of rights. A bench trial was held in this matter on December 4, 1997, to determine liability and, if applicable, the extent of damages.
The undisputed facts based on the testimony and evidence adduced at trial are as follows. On March 15, 1995, Casey Frame was an eighth grade student and Dr. Barry Comeaux was a science teacher at Opelousas Catholic School. On that day, Dr. Comeaux was acting as a substitute teacher for Casey's last period class. As requested by Casey's regular teacher, Dr. Comeaux was administering a spelling test to the eighth graders. During the course of the test, Dr. Comeaux requested several disruptive students to leave the room; the students complied. Thereafter, Casey Frame spoke aloud during the test. Dr. Comeaux asked Casey twice to leave the classroom and then approached Casey's desk. Casey responded by slowly standing-up and facing Dr. Comeaux. Simultaneously, Dr. Comeaux grabbed Casey by the arm and assisted him out of the classroom. Casey was propelled backwards up the aisle and towards the classroom door. Casey struck a podium and came to a halt with his back against a blackboard before he was turned around and removed from the classroom.
When Casey arrived home later that evening, Casey's mother, Patsy Frame, contacted the police and pressed criminal charges against Dr. Comeaux. The next morning, Lester and Patsy Frame met with the Opelousas Catholic principal, Karen Domengeaux; the assistant principal, Herb Gros; and Dr. Comeaux. The Frames requested that Dr. Comeaux be dismissed from his employment. Principal Domengeaux refused, stating that an investigation would be completed before any action was taken.
The Frames were apprised of their right to appeal Principal Domengeaux's decision at the meeting of March 16, 1998[sic]; however, no effort was made to appeal this decision. Thereafter, in July, 1995, Principal Domengeaux was informed by the St. Landry Parish District Attorney that the charges against Dr. Comeaux would not be pursued. At the next school board meeting—on August 14, 1995—it was determined that Casey Frame's application for admission was rejected. On August 15, 1995, the Frame's [sic] were notified by telephone of the school board's decision.
ASSAULT AND BATTERY
The first issue to be addressed is whether Dr. Comeaux's actions on March 15, 1995, constituted an assault and battery on Casey Frame. Black's Law Dictionary defines assault and battery as "(a)ny unlawful touching of another which is without justification or excuse." Battery requires a "touching;" assault does not require physical contact.
Plaintiffs argue that Casey was attacked by Dr. Comeaux. They further argue that this attack was unprovoked. Finally, the plaintiffs argue that even if Dr. Comeaux's actions were provoked, they were excessive in light of the situation.
Defendants argue that Dr. Comeaux was appropriately maintaining classroom order and discipline when Casey was removed from the room. Dr. Comeaux testified at trial that he thought Casey was threatening him when he stood up to Dr. Comeaux and failed to retreat from the classroom. Hence, Dr. Comeaux felt apprehensive and reacted to what he perceived as a potentially explosive situation.
Plaintiffs' counsel cites Caudle v. Betts, 512 So.2d 389 (La.1987) and Baugh v. Redmond, 565 So.2d 953 (La. *756 App. 2 Cir.1990) for the proposition that Dr. Comeaux was forbidden to use excessive force to expel a student from class....
Baugh is relative to this case. Baugh deals with the aggressor doctrine which precludes recovery when the plaintiff provokes the altercation. The Baugh Court found that the victim had made no "threatening moves toward defendant in any manner so as to cause defendant to believe it was necessary to defend himself. Rather, it is clear that the blow to plaintiff was completely unexpected and unprovoked." Baugh at 958. Here, we have a contrary situation. The evidence indicates that Casey Frame was confrontational with Dr. Comeaux. While Casey did not swing at his teacher, he was moving very slowly and ultimately "faced-off" with Dr. Comeaux. Dr.

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