Lawrence v. Grant Parish School Bd.

409 So. 2d 1316, 2 Educ. L. Rep. 1234
CourtLouisiana Court of Appeal
DecidedFebruary 10, 1982
Docket8594
StatusPublished
Cited by10 cases

This text of 409 So. 2d 1316 (Lawrence v. Grant 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
Lawrence v. Grant Parish School Bd., 409 So. 2d 1316, 2 Educ. L. Rep. 1234 (La. Ct. App. 1982).

Opinion

409 So.2d 1316 (1982)

Martha LAWRENCE, Individually and as Administratrix of the Estate of her Minor Son, Bruce Lawrence, Plaintiff-Appellee,
v.
GRANT PARISH SCHOOL BOARD, et al., Defendants-Appellants.

No. 8594.

Court of Appeal of Louisiana, Third Circuit.

February 10, 1982.
Writ Denied April 15, 1982.

*1317 Trimble and Associates, Lon P. Wilson, Bolen & Erwin, John B. Honeycutt, Jr., Alexandria, for defendants-appellants.

Chris J. Roy, Alexandria, for plaintiff-appellee.

Before DOMENGEAUX, DOUCET and LABORDE, JJ.

LABORDE, Judge.

This is a suit for damages against the Grant Parish School Board (School Board) and two of its employees: Reed Perriloux (principal of Dry Prong High School) and Bernard Harrison (school teacher and welding shop instructor of Dry Prong High School). The damages arise from an accident involving student, Bruce Lawrence who severely cut his hand on an electric power saw during welding class at Dry Prong High School. His mother, Martha Lawrence, instituted this suit individually and as administratrix of her minor son's estate.

The negligence of Mr. Perriloux and Mr. Harrison was tried to a jury. The jury determined that Mr. Perriloux was not negligent but could not reach a determination as to Mr. Harrison.[1]

The negligence of the School Board was tried to the judge who held the School Board liable for its own negligence and vicariously liable for the negligence of its employees; Mr. Perriloux and Mr. Harrison. The judge also held that Bruce Lawrence was free from fault after concluding that he was neither contributorily negligent nor had he assumed the risk. Accordingly, the trial court rendered judgment in plaintiffs' favor against the School Board awarding Martha Lawrence $1,053.24 individually and $70,000.00 as administratrix of the estate of her minor son. The School Board appealed. We affirm.

The issues raised on appeal concern whether the trial court erred: in holding the School Board liable for both its own acts of negligence and for the negligent *1318 acts of its employees; in holding that Bruce Lawrence was not contributorily negligent; in holding that Bruce Lawrence had not assumed the risk; in awarding excessive damages; and in not allowing the School Board a jury trial.

FACTS

The evidence presented at trial discloses the following facts. Bruce Lawrence was a student at Dry Prong High School. At the time of the accident young Lawrence, age 14, was attending an agriculture class wherein the students were learning welding. The classroom was situated in a building containing numerous welding booths. Also contained in the building was power equipment. This equipment had been stored in this building for a period of time prior to the accident under the authority of the Grant Parish School Board. A power saw was stored in the back of the building easily accessible to any of the students. The evidence presented in court established that the saw was used periodically by Mr. Harrison and other students. Immediately prior to this accident, the saw had been used by another student in Bruce's class. At the time of the accident the saw had an extension cord attached to it which was plugged into the wall socket. The blade of the saw had been cranked up, but the safety guard had not been reinstalled. The testimony established that the safety guard was not on the saw when it was stored by the School Board. Mr. Harrison and other students testified that at the beginning of the two six-weeks class sessions, the students were told not to use the power equipment. Additionally, at the beginning of the class session the students were given a list of rules, over 200 in number, regarding the use of equipment in the class.

This accident occurred while Bruce Lawrence was using the power saw during the class period. He was attempting to cut a piece of wood when either the wood jumped up, or he cut through the wood, causing his hand to come into contact with the saw blade. The blade severed the index finger of his right hand at the proximal phalange and further caused damage to his fingers, hand and thumb resulting in several surgical operations.

The evidence also established that Bernard Harrison, the instructor of the class, was outside the class at the time of the accident. As to what Mr. Harrison was doing outside the class the evidence is disputed. However, it is clear that he was outside the class at the time of the accident, and also that he frequently left the class at other times.

FAULT OF THE SCHOOL BOARD

The fault of the School Board can be predicated either on its own acts or failure to act, Civil Code Articles 2315 and 2316, or under the doctrine of respondeat superior from the acts of its employees, article 2320, Nash v. Rapides Parish School Board, 188 So.2d 508 (La.App. 3rd Cir. 1966).

Negligence Liability of the School Board

We begin with a discussion of the School Board's liability predicated either on its own acts or failure to act.

The acts of the School Board were that of storing the power saw in the agriculture class room where 13-15 year old students attended classes, in an operative condition and without any protective safety guard or warning signs.

As stated in Capers v. Orleans Parish School Board, 365 So.2d 23, 24 (La. App. 4th Cir. 1978):

"Tort liability is based on the existence of a duty and the breach thereof which causes damage. The standard of care for school teachers and administrators is that of a reasonable person in such a position acting under similar circumstances. Reasonable care includes protecting against unreasonable risk of injury from dangerous or hazardous objects in the school building and on the grounds." (emphasis supplied)

The law is well settled that in order for a school board to be liable it must have had actual knowledge or constructive knowledge of a condition unreasonably dangerous *1319 to the children under its supervision. Ardoin v. Evangeline Parish School Board, 376 So.2d 372 (La.App. 3rd Cir. 1979). The school board had actual knowledge of the existence of the saw—it ordered its storage. The record shows that it knew of the dangerous condition in which the saw was stored. It knew young children were present in this class daily, and, therefore, owed a duty to exercise a greater degree of care towards these students. Prier v. Horace Mann Insurance Company, 351 So.2d 265 (La.App. 3rd Cir. 1977); writs refused, 352 So.2d 1042 (1977). Despite the duty, the saw was stored with a blade, without a safety guard, in an operative condition in a classroom in which students were attending. These actions by the School Board constituted a breach of its duty to the minor which was a cause of his injury.

We agree the School Board might have prevented this accident by either properly storing the saw outside of the contact of the students, removing the saw blade, or installing a locking mechanism to keep the machine from being turned on without a key, or placing a barricade around the power saw. A rope with a keep out sign would have been the least it should have provided. It failed to exercise any of these duties, thus becoming liable for the injuries sustained by Bruce Lawrence through its own negligence.

The School Board's argument that it was free from negligence lacks merit.

Respondeat Superior Liability of the School Board

We next consider whether the record supports the trial judge's conclusion that the School Board is also liable under the doctrine of respondeat superior.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Garrett v. NORTHWEST MISS. JR. COLLEGE
674 So. 2d 1 (Mississippi Supreme Court, 1996)
Joseph Garrett v. Northwest MS Jr College
Mississippi Supreme Court, 1992
Byrd v. Bossier Parish School Bd.
543 So. 2d 35 (Louisiana Court of Appeal, 1989)
Laneheart v. Orleans Parish School Bd.
524 So. 2d 138 (Louisiana Court of Appeal, 1988)
Roberts v. Robertson County Board of Education
692 S.W.2d 863 (Court of Appeals of Tennessee, 1985)
Henix v. George
465 So. 2d 906 (Louisiana Court of Appeal, 1985)
Spencer v. Children's Hospital
432 So. 2d 823 (Supreme Court of Louisiana, 1983)
Spencer v. Children's Hosp.
432 So. 2d 823 (Supreme Court of Louisiana, 1983)
Hampton v. Orleans Parish School Bd.
422 So. 2d 202 (Louisiana Court of Appeal, 1982)
Lawrence v. Grant Parish School Board
412 So. 2d 1110 (Supreme Court of Louisiana, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
409 So. 2d 1316, 2 Educ. L. Rep. 1234, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lawrence-v-grant-parish-school-bd-lactapp-1982.