J.M. v. Avoyelles Parish School Board

7 So. 3d 105, 8 La.App. 3 Cir. 1449, 2009 La. App. LEXIS 552
CourtLouisiana Court of Appeal
DecidedApril 1, 2009
Docket2008-1449
StatusPublished

This text of 7 So. 3d 105 (J.M. v. Avoyelles 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
J.M. v. Avoyelles Parish School Board, 7 So. 3d 105, 8 La.App. 3 Cir. 1449, 2009 La. App. LEXIS 552 (La. Ct. App. 2009).

Opinion

PAINTER, Judge.

| xParents of minor children filed suit alleging that their pre-kindergarten-aged daughters were touched inappropriately by one or more of their male classmates. Defendant, Avoyelles Parish School Board, appeals the judgment in favor of Plaintiffs. For the following reasons, we amend the judgment to reflect the trial judge’s dismissal of Plaintiffs’ claims against E.T. 1 and affirm the judgment in all other respects.

FACTUAL AND PROCEDURAL BACKGROUND

Plaintiffs allege that in December of 2005, their female children were sexually fondled by one or more of their male prekindergarten classmates at Riverside Elementary School. Plaintiffs filed suit against Avoyelles Parish School Board and E.T., the mother of one of the male children, alleging claims grounded in both strict liability and negligence.

Plaintiffs, J.M. and D.M., are the parents of K.M. In December of 2005, K.M. told her older sister that she did not want to go to the Christmas play at school because she would “have to dance with the boy who hurt her.” Her sister reported this to their mother, who in turn questioned K.M. about the statement. K.M. told her mother that a boy in her class had put his hands inside her pants while they *107 were on the playground at school. J.M. testified that since the incident, K.M. reverted to “baby talk” at times, would not wear elastic pants, would not unzip her jacket, and appeared angry and frustrated. D.M. testified that K.M. also had trouble sleeping. The trial judge found that J.M. and D.M. were credible witnesses. K.M. treated with Dr. Susan Landos, a clinical psychologist, between April 20 and August 17, 2006. 1 ¿K.M. told Dr. Landos that a boy in her class had touched her while they were by the swingset. Dr. Landos noted that KM.’s mother reacted to the incident in a hysterical fashion and that her father was extremely upset. She testified that the parents’ behavior in this fashion could create trauma in the child. While Dr. Landos was of the opinion that K.M. needed further therapy, she did not return to Dr. Landos after August 17, 2006.

Plaintiff, M.R., is the mother of Ma.R. M.R. testified that she had been told by her aunt of an incident at school. When she questioned her daughter about the incident, Ma.R. told her that a boy in her class had been touching her on her “private area” while they were on the playground, under the twin slides, at school. M.R. testified that Ma.R. became angry and began talking “baby talk” and began asking a lot of questions about her private parts. Ma.R. also treated with Dr. Láñe-los. Ma.R. told Dr. Landos that one boy had touched her private part and that another boy had touched her buttocks. On another occasion, Ma.R. told Dr. Landos that one boy touched her inside her pants and another boy touched her inside her shirt. Dr. Landos testified that Ma.R. did not appear to be in emotional distress and was discharged from treatment on August 21, 2006.

Plaintiff, G.G., is the mother of A.G. G.G. testified that she learned about an incident at school on or about December 21, 2005. Her daughter related to her that, on one occasion, a boy in her class had put his hand in her pants and that she slapped him and told him to stop. G.G. testified that since the incident A.G. has trouble sleeping, will only wear pants to school, talks in “baby talk,” and always wears a sweatshirt. A.G. did appear in court and told the trial judge that a boy in her class had “pinched her on the butt” while they were on a field trip and that on another occasion, |sa boy had put his hands in her pants. A.G. also treated with Dr. Landos. A.G. told Dr. Landos that one boy touched her on her hip only and that another boy put his hand inside her pants. Dr. Landos testified that A.G. exhibited emotional problems and needed further therapy. A.G., however, did not seek treatment from Dr. Landos after July of 2006.

J.M. and D.M. reported the incident to Delores Rabalais, the principal of Riverside, on December 20, 2005. M.R. and G.G. made a formal complaint on January 6, 2006. Ms. Rabalais testified that she initiated an investigation as required by the Avoyelles Parish School sexual harassment policy. She testified that K.M. admitted and later denied that a boy in her class had touched her. A.G. told her that she had been touched above the knee, on her leg. Ms. Rabalais further testified that based on her investigation, she dismissed the complaints based on lack of evidence and/or witnesses.

Dr. John Simoneaux, Defendant’s expert in the field of psychology, testified at trial. He testified that a four-year-old child could have difficulty distinguishing between fantasy and reality and that parents can unwittingly convince a child that an event happened when it actually did not.

Following a bench trial, the trial judge found in favor of Plaintiffs and awarded $2,500.00 to each minor child for general *108 damages and $1,000.00 to each parent for their loss of consortium. Specifically, the trial judge found that “more probable than not the Avoyelles Parish School Board breached its duty by failing to properly train the teachers and students at Riverside Elementary School concerning the sexual harassment policy and as a result of this failure, liability is imposed.” The judgment also cast Defendant with all medical costs incurred by Plaintiffs and for Dr. Landos’ |4trial appearance and testimony fee. In his written reasons for judgment, the trial judge found that there was insufficient evidence to find E.T. at fault and dismissed Plaintiffs’ claims against her; however, the judgment fails to include this decree.

Defendant is now before this court on appeal, alleging that the trial judge erred in imposing liability on the school board for a breach of duty to train without proof that this breach caused or was a cause-in-fact of the incidents at issue. Plaintiffs have answered the appeal seeking an increase in the amount of general damages awarded to each child. For the following reasons, we decline to increase the amount of general damages awarded and amend the judgment to reflect the trial judge’s dismissal of Plaintiffs’ claims against E.T. In all other respects, the judgment is affirmed.

DISCUSSION

Based on the testimony outlined above, the trial judge concluded that “all three girls suffered some type of trauma.” However, the trial judge concluded that Plaintiffs failed to meet their burden of proof with respect to their allegation that the improper touching occurred as a result of improper supervision. This conclusion was based on testimony that there was a separate playground for pre-kindergarten students and that the teachers and teachers’ aides had a full view of the playground when students were present. However, based on the testimony of Ms. Rabalais and the pre-kindergarten teachers at Riverside, the trial judge found that there was no annual training regarding the policy and prevention of sexual harassment did not occur as mandated by the school board’s Sexual Harassment Policy and Procedures Manual. The trial judge concluded that this was a clear breach of duty by the school board and that “more probable than not the Avoyelles Parish School Board breached its duty by failing to properly train the teachers and students at Riverside Elementary School | ^concerning the sexual harassment policy and as a result of this failure, liability is imposed.”

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Bluebook (online)
7 So. 3d 105, 8 La.App. 3 Cir. 1449, 2009 La. App. LEXIS 552, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jm-v-avoyelles-parish-school-board-lactapp-2009.