Kugler v. Tangipahoa Parish School Bd.

752 So. 2d 375, 2000 WL 210241
CourtLouisiana Court of Appeal
DecidedFebruary 18, 2000
Docket99 CA 0016
StatusPublished
Cited by3 cases

This text of 752 So. 2d 375 (Kugler v. Tangipahoa Parish School Bd.) 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
Kugler v. Tangipahoa Parish School Bd., 752 So. 2d 375, 2000 WL 210241 (La. Ct. App. 2000).

Opinion

752 So.2d 375 (2000)

Rhonda KUGLER, et al.
v.
TANGIPAHOA PARISH SCHOOL BOARD, A Louisiana Governmental Body, XYZ Insurance Company, Harold "Doe", and Christine Terral.

No. 99 CA 0016.

Court of Appeal of Louisiana, First Circuit.

February 18, 2000.

*377 Page McClendon, Ponchatoula, for Plaintiff Appellee Rhonda Kugler.

Christopher Moody, Hammond, for Defendant Appellant Tangipahoa Parish School Board.

Before: FOIL, WHIPPLE and GUIDRY, JJ.

FOIL, J.

This appeal challenges various aspects of a trial court's liability and quantum determinations. After a thorough review of the record, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On March 30, 1993, Rhonda Kugler was injured while helping to assemble a stage for an upcoming Easter play at Tucker Elementary School. Mrs. Kugler routinely volunteered as a helper for her son's first grade teacher, Christine Terrell. On the morning in question, Mrs. Terrell asked Mrs. Kugler to assist in the stage assembly, which was being undertaken by several other volunteer parents in the school's cafeteria.

The record reflects that the stage was comprised of 6-8 large pieces of press board supported by short legs. The individual pieces were approximately 8 feet long. Witnesses described the boards as being anywhere from 4-7 feet wide and weighing from 60-150 pounds. The stage came with a cart for storing the pieces. The cart, which was on wheels, was about 6 feet long with 4 foot sides.

According to Mrs. Hillary Allen, the school's principal, the school had a policy prohibiting anyone except the custodial staff from handling the stage assembly. The principal and janitors acknowledged the pieces were heavy, bulky and required assembly in a certain order. According to head janitor Yvonne Schliegelmeyer, the cart was placed out of the way in a secure place so that no one would come into contact with it. The record reflects that prior to the accident, the cart was located against a wall in the cafeteria, and its movement was blocked by a row of chairs.

When Mrs. Kugler arrived in the cafeteria, five volunteer parents were in the process of assembling the stage. The participants had been carrying the heavy pieces from the cart to the center of the cafeteria where the play was to be held. At some point, someone suggested that the cart be moved to the center of the cafeteria near the stage.

Following the movement of the cart to the center of the room, Mrs. Kugler was standing on one side of the cart as several parents attempted to remove the fourth or fifth partition. The cart became top-heavy and toppled onto Mrs. Kugler. As Mrs. Kugler attempted to catch a falling stage piece, one of the boards fell onto her right hand and foot. As a result, Mrs. Kugler suffered a laceration and fracture to her right index finger, along with a badly bruised foot and knee.

*378 Mrs. Kugler and her husband filed this lawsuit seeking damages against the Tangipahoa Parish School Board. At trial, the movement of the cart from its secure location against the wall to the center of the cafeteria was the central point of dispute. Head janitor Yvonne Schliegelmeyer attested that stage assembly had always been handled in the past by the custodial staff. On several occasions the custodians attempted to roll the cart with its pieces to the site where the stage was to be located. However, the cart became top-heavy if the pieces were taken off of it after it had been moved from the wall. For this reason, she stated, the cart was left against a wall and the janitors took pieces off of the cart and carried them across the floor to wherever the stage was to be located. Ms. Schliegelmeyer testified Harold Coleman, a janitor who worked under her supervision, had been involved in this procedure during past stage set-ups, and acknowledged Mr. Coleman would have to be aware of the problem with the cart.

In a deposition, Mr. Coleman acknowledged the cart was very limber and weak, and its weight tended to shift to one side. He stated the cart had wheels and to move it away from the wall, one would have to unlock the wheels.

Mr. Coleman denied having anything to do with moving the cart, insisting the cart was already in the center of the room when he arrived at the cafeteria. He testified that shortly before the accident, he had been mopping when he entered the cafeteria and saw the parents putting the stage together. He admitted he was aware that only the custodial staff was allowed to assemble the stage. However, he did not think it was his responsibility to prevent the parents from assembling the stage, and he watched them for about two to three minutes before the accident occurred.

The head janitor gave a different account. She stated that someone told her the parents were assembling the stage in the cafeteria, and she asked the parents to cease until she got clearance from the principal, Mrs. Allen. She attested that she and Mr. Coleman went to the principal's office together, where Mrs. Allen ordered Mr. Coleman to go to the cafeteria to stop the parents from erecting the stage. However, Mrs. Allen stated the head janitor was already in her office when Mr. Coleman came in to report that parents were assembling the stage.

Several participants in the stage assembly testified Mr. Coleman was present the entire time the stage was being assembled. Plaintiff testified Mr. Coleman advised the parents to move the cart to the center of the room, and he assisted the parents in moving the cart. Two other parents, Patricia Fussell and Margaret Decota, testified Mr. Coleman moved the cart from the wall to the center of the room. At no time, these participants testified, did Mr. Coleman warn them of the danger that the cart may become unstable as the partitions were removed.

At the conclusion of the evidence, the trial judge found as a fact that Harold Coleman moved the cart. Although the school may have had a policy prohibiting parents from assembling the stage, the judge noted, the parents were never informed of the policy. The judge concluded Mr. Coleman should have warned the parents of the danger presented by the cart and certainly should not have participated in the dangerous activity by moving the cart. As such, he found the school breached the standard of reasonable care and was therefore liable. The judge also felt the cart itself was defective, as the removal of several pieces therefrom could cause the cart to become unstable and topple over—the precise danger occurring in this case.

Plaintiff was awarded $30,000.00 in general damages and $1,239.72 for documented medical expenses. However, the judge refused to award any amount on the loss of consortium claim, finding plaintiff failed to *379 prove a loss by a preponderance of the evidence.

This appeal, taken by the School Board, followed. The School Board contests the liability determination and complains that the damage award is too high. Plaintiffs answered the appeal, contending the general damage award is too low. Plaintiffs further assert the judge erred in failing to enter a separate award for loss of earning capacity and in finding the evidence did not support an award for loss of consortium.

LIABILITY

Schools have long been held to the same standard of care placed upon the owner of a premises having business invitees. The duty imposed upon a school is one of reasonable care to protect invitees against hazards which create an unreasonable risk of harm. Jones v. City of New Orleans, 559 So.2d 28, 29 (La.App. 4th Cir.1990).

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Cite This Page — Counsel Stack

Bluebook (online)
752 So. 2d 375, 2000 WL 210241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kugler-v-tangipahoa-parish-school-bd-lactapp-2000.