Robinson v. Jefferson Parish School Board

9 So. 3d 1035, 2009 WL 928438
CourtLouisiana Court of Appeal
DecidedApril 7, 2009
Docket08-CA-1224, 08-CA-1225
StatusPublished
Cited by29 cases

This text of 9 So. 3d 1035 (Robinson v. Jefferson 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
Robinson v. Jefferson Parish School Board, 9 So. 3d 1035, 2009 WL 928438 (La. Ct. App. 2009).

Opinions

FREDERICKA HOMBERG WICKER, Judge.

|3In these consolidated wrongful death and survival action proceedings, the parents of a 20-year-old son have appealed the granting of a summary judgment. Tragically, their son drowned in a lake during a high school ROTC camping trip. Demetris Robinson (the mother), and Ray-nel Bailey (the father) individually and on behalf of their deceased son Rayvon Robinson filed separate petitions for damages against defendants/appellees Jefferson Parish School Board, Southern Baptist Camping Association,1 Tall Timbers Baptist Conference Center and Sam White. The cases were allotted to different divisions of the District Court but the father’s case was later transferred and consolidated with the mother’s case. The plaintiffs alleged that the defendants were negligent in ■ several respects, including failure to adequately supervise Rayvon, failure to perform a timely and adequate search, failure to train employees or agents in proper supervision of campers and Lstudents; failure to timely notify authorities of the disappearance; failure to adequately provide for Rayvon’s safety; and creating or allowing hazardous conditions to exist. The father sought additional punitive and exemplary damages. The key issues in [1038]*1038this case are: (1) Are Tall Timbers and Sam White immune from liability pursuant to the Recreational Use Statutes? (2) Did Jefferson Parish School Board breach its duty of reasonable care? Finding that there are no genuine issues as to material fact concerning these issues, we affirm. Facts

It is undisputed that on March 17, 2006, Rayvon, a Jefferson Parish Bonnabel High School Student, attended a ROTC trip at the Tall Timbers Baptist Conference Center in Woodworth, Louisiana. Riverdale High School ROTC’s Colonel James T. Webb arranged the trip. The next morning on March 18, 2006, Colonel Webb discovered that Rayvon was missing. Approximately 10 days later, his body was found in the lake. He was clothed and his boots were on. Approximately one year later, his cell phone and wallet were discovered near the lake. At the time, Ray-von was age 20.

Sam White and Tall Timbers filed a motion for summary judgment as did Jefferson Parish School Board. In support of its motion for summary judgment, Sam White and Tall Timbers relied on Mr. White’s affidavit and Colonel James T. Webb’s deposition. Jefferson Parish School Board relied on the Webb deposition, the autopsy report, and Ms. Robinson’s deposition.

According to the March 29, 2006 autopsy report, Rayvon died on March 28, 2006 as a result of asphyxia due to accidental drowning. No significant injuries were present.

In his affidavit, Mr. Wdiite averred that he is the director of Tall Timbers Baptist Conference Center. He stated that Tall Timbers is a 123-acre facility that is adjacent to a portion of the Kisatchie National Forest in Rapides Parish. It has lodges and cabins with rooms to accommodate up to 400 people. It also has a dining facility, a swimming pool, an activity center, and a “ropes course.” Most of the remainder of the grounds is heavily wooded except for a lake, which is about ten acres in size.

Mr. Wdiite described the relationship between Tall Timbers and the Louisiana Baptist Convention. He stated that Tall Timbers is owned and comes under the umbrella of the Executive Board of the Louisiana Baptist Convention. Tall Timbers is heavily subsidized by the Executive Board. Tall Timbers’ mission is to provide people with the type of atmosphere they desire as they seek God’s will and the peace that He promises.

According to Mr. White, Tall Timbers operates at a substantial loss, which is made up through an annual subsidy provided by the Convention. For the years 2005 through 2007, Tall Timbers received subsidies from the Convention that ranged from $131,930.76 to $271,041.96.

Mr. WRite averred that at the time of this accident, Tall Timbers had 11 full time employees, and several part time employees, with the number depending upon the time of year. These employees operated the facility, but were not directly involved with any activity of visiting groups except for the facility’s “rope course,” swimming pool, or pedal boats. Tall Timbers was not involved in any of the ROTC group’s activities prior to Rayvon’s disappearance. No one from Tall Timbers approved, participated in, or chaperoned any ROTC activity before Rayvon’s disappearance.

Mr. Wdiite described the events that followed Rayvon’s disappearance. He averred that Kevin Tichey, a maintenance worker at Tall Timbers, called Mr. White at 7:30 a.m. on March 19, 2006, and told him that Rayvon was missing. |(iTwo' Tall Timbers’ performed a search of the buildings while Mr. Wdiite was enroute to Tall [1039]*1039Timbers. When one of the employees reported that all of the buildings had been searched, that the ROTC members had searched all of the tents and areas where they had conducted activities the night before, and that Rayvon had not been found, Mr. White immediately called 9-1-1.

Mr. White stated that a sheriffs deputy arrived at approximately 9:30 a.m. Thereafter, a search team searched the grounds. The search ended at dusk on the March 19th and resumed at sunrise on the 20th. Detective Gary Bradford called off the search at 11:00 a.m. on Sunday, the 20th, stating his belief that Rayvon had simply left the grounds in an attempt to get to Jackson, Mississippi, to visit his girlfriend.

According to Mr. White, on March 28, 2006, Tall Timbers maintenance Manager, Glen Smith, saw Rayvon’s body floating in the water near the north bank. Mr. Smith contacted Mr. White and Mr. White immediately called 9-1-1. The sheriffs department removed the body from the water. Rayvon was wearing his ROTC T-shirt, camouflage pants, and boots. Neither Mr. White nor anyone at Tall Timbers knows how or why Rayvon entered the lake on March 18 or 19, 2006. More than a year after Rayvoris death, maintenance workers trimming the perimeter of the lake found Rayvoris wallet and cell phone on the bank of the south side of the lake.

Colonel Webb testified in his 2007 deposition that for approximately three years, he had been a senior Air Force instructor at Riverdale High School, which is within the Jefferson Parish school system. Before that, he had been employed by the St. Charles Parish school system approximately 11 years in that capacity. After his 1993 military service retirement, he had taken over the ROTC program in St. 17Charles Parish. Colonel Webb explained that as a ROTC instructor, he was employed as a teacher within the state system.

He testified that students became eligible for ROTC when they entered the ninth grade. ROTC students were required to take courses in the ROTC curriculum. All other activities, such as field trips after school and on the weekend, however, were voluntary.

Colonel Webb stated that one such outside activity was “snake school.” This was the activity that took place at Tall Timbers. Although this was the first time they had conducted a “snake school” at Tall Timbers, this was not the first time they had conducted “snake school.” Colonel Webb testified that he conducted the “snake school” program for approximately nine years at Destrehan High School. Before the Tall Timbers’ trip, he had also previously conducted the program in Jefferson Parish at other facilities.

He testified that his principal coordinates the offer of the “snake school” program to other schools in the school system.

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

Related

Kerri Ulrich Versus City of Westwego
Louisiana Court of Appeal, 2025
Robinson v. St. John the Baptist Parish Sch. Bd.
270 So. 3d 838 (Louisiana Court of Appeal, 2019)
Crump v. Lake Bruin Recreation and Water Conservation District
267 So. 3d 1229 (Louisiana Court of Appeal, 2019)
Batiste v. United Fire & Cas. Co.
241 So. 3d 491 (Louisiana Court of Appeal, 2018)
Kebodeaux v. Nabors Drilling, LP
213 So. 3d 1294 (Louisiana Court of Appeal, 2017)
Larry Kebodeaux v. Nabors Drilling, Lp
Louisiana Court of Appeal, 2017
Scott v. Dillard's, Inc.
169 So. 3d 468 (Louisiana Court of Appeal, 2015)
Shields v. Parish of Jefferson
131 So. 3d 1048 (Louisiana Court of Appeal, 2013)
Gauthier v. Harmony Construction, LLC
128 So. 3d 314 (Louisiana Court of Appeal, 2013)
Stirgus v. St. John the Baptist Parish School Board
121 So. 3d 197 (Louisiana Court of Appeal, 2013)
Love v. Sirey
119 So. 3d 732 (Louisiana Court of Appeal, 2013)
Cook v. Asbestos Corp.
123 So. 3d 731 (Louisiana Court of Appeal, 2013)
KMJ Services, Inc. v. Hood
115 So. 3d 34 (Louisiana Court of Appeal, 2013)
Carter ex rel. Carter v. East St. John Elementary School
105 So. 3d 856 (Louisiana Court of Appeal, 2012)
Flowers v. Wal-Mart Stores, Inc.
99 So. 3d 696 (Louisiana Court of Appeal, 2012)
Coward v. Cresson
97 So. 3d 509 (Louisiana Court of Appeal, 2012)
Manis ex rel. Plaisance v. Zemlik
96 So. 3d 509 (Louisiana Court of Appeal, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
9 So. 3d 1035, 2009 WL 928438, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinson-v-jefferson-parish-school-board-lactapp-2009.