S.J. v. Lafayette Parish School Board

41 So. 3d 1119, 2010 WL 2723689
Supreme Court of Louisiana·Decided July 6, 2010·No. 2009-C-2195·Published·Cited by 67 cases

Opinions

[1121] GUIDRY, Justice.*

| Gn this case, we are called upon to determine whether the Lafayette Parish School Board breached its duty of reasonable supervision over its students when a twelve-year-old sixth-grader left the school grounds to walk home and was allegedly sexually attacked along the way. The student, who had attended an obligatory, after-school behavior modification class, alleged she was forced to walk home through a known high crime area because she was not allowed to ride the after-hours school bus and was further denied access to a telephone to arrange transportation home. The district court found no negligence on the part of the defendants because the student had been allowed access to a telephone and there were other modes of transportation available to her. The court of appeal in a plurality decision reversed, finding the School Board had breached its duty to the student and was therefore liable for the student’s injuries, assigning fault of 20% to the School Board, and awarding general damages of $100,000 to the student and $20,000 to her mother. For the reasons that follow, we find the court of appeal majority erred in reversing the trial court’s judgment. Because the trial court committed no legal error with regard to the duty owed by the School Board and because there was no manifest error in the trial court’s |2factual findings of no breach of that duty, we reverse the court of appeal decision and reinstate the judgment of the trial court in favor of the defendants.

FACTS AND PROCEDURE

During the 2004-2005 school term, the Lafayette Middle School operated both a tutoring program and a disciplinary program after school on Tuesdays and Thursdays. C.C., a twelve-year-old sixth-grade student, had participated previously in both the tutoring program and the disciplinary program known as the Behavior Clinic, the former more often than the latter. Both programs began immediately after the end of the school day and lasted until around 4:00 p.m. The Lafayette Middle School provided a full-sized school bus to take the tutoring program children home, as well as students who had remained after school for other voluntary school-sanctioned programs, but, as a general rule, the Behavior Clinic children were instructed that they could not ride this “late bus” or “tutoring bus.” C.C. testified she was told by the principal during the day that Behavior Clinic participants would not be permitted to take the “tutoring bus.” Instead, apparently to emphasize the disciplinary aspect of the program, participants were required to make transportation arrangements in advance of their Behavior Clinic participation or immediately after the Behavior Clinic.

On Tuesday, November 4, 2004, C.C. participated in the Behavior Clinic.1 Although she knew she would be required to participate that afternoon, she made no mention of participation to her mother, S.J., as she left home that morning. Previously, her mother had received notification of C.C.’s participation in the Behavior Clinic by automated telephone call on two occasions that school year and |shad made [1122] arrangements to pick up her daughter on each occasion. C.C. testified the school “would always call” the night before and tell her mother that C.C. had Behavior Clinic. S.J. confirmed that she had received a recorded message from the principal on those earlier occasions. Additionally, C.C. testified that on the two prior occasions she had also called her mother using a friend’s cell phone to tell her mother to come pick her up after Behavior Clinic; however, S.J. denied C.C. had called her on those occasions. C.C. did not telephone her mother on November 4, 2004, even when she was reminded about Behavior Clinic that afternoon, nor did she make any effort to do so. On the afternoon of November 4, 2004, S.J. did not pick up her daughter, nor did she make arrangements for her daughter to be picked up by a responsible party. C.C. testified that the doors to the principal’s office where the telephone was located were closed or locked and that Ms. Gladys Marie Reed, a teacher employed by the School Board and a supervisor of the Behavior Clinic, had refused to let C.C. use Ms. Reed’s cell phone to call her mother. Ms. Reed denied she was ever asked by C.C. to use Ms. Reed’s cell phone. S.J. testified she did not receive notice of C.C.’s participation in the Behavior Clinic.

After Behavior Clinic ended, C.C. left the campus with a fellow student, S.R.C., and walked to a nearby fast food restaurant. C.C. testified that, during Behavior Clinic, she had decided to accompany S.R.C. to the fast food restaurant, and from there S.R.C. would take a city bus home. S.R.C. left C.C. at the restaurant and boarded a city bus to travel to her home. Sometime thereafter, while she was walking home, C.C. had a sexual encounter with an unknown male, and reported to her mother, and eventually to the police, that she had been raped.

Claiming that C.C. was denied a ride home in the after-hours school bus and further denied access to a telephone to call her mother to arrange transportation, and |4was thus forced to walk home through a known high crime area, S.J., individually and on behalf of her minor daughter, C.C., filed suit against the Lafayette Parish School Board and Ms. Reed, claiming the defendants were negligent for their failure to exercise adequate and/or reasonable supervision over C.C. while she attended a school-sanctioned activity.

The defendants denied liability and filed a motion for summary judgment pursuant to La.Code Civ. Proc. art. 966, asserting the plaintiffs could not establish a duty or breach of duty by the defendants. Finding the School Board had no duty to safeguard a child’s well-being after the child leaves the school property, the trial court granted summary judgment in favor of the defendants. The court of appeal affirmed in an unpublished opinion. By a per cu-riam decision, this court reversed the grant of summary judgment and remanded the matter for further proceedings. S.J. v. Lafayette Parish School Board, 06-2862 (La.6/29/07), 959 So.2d 884.

Following a bench trial on remand, the district court found no negligence on the part of the defendants and dismissed the plaintiffs’ claims. After noting the School Board’s duty to students after school hours is “clear,” and without reaching the question of whether the alleged harm suffered by C.C. was reasonably foreseeable, the trial court found that the plaintiffs had failed to carry their burden of proving negligence on the part of the School Board.2 The trial court found the evidence [1123] “overwhelming that transportation was available through bus service, and the use of a telephone was made available to the juvenile on the day in question.” This was logical, the court explained, because the school employees conducting activities on campus cannot leave until all students have the left the school premises. | s“To a person,” the court stated, “they all testified that no child is left behind, even if they have to pay for bus service or provide a ride.” The trial court observed that preventing a student from using the telephone to call for a ride would have extended the employee’s workday unnecessarily, and that other students had confirmed the telephone could be accessed.

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S.J. v. Lafayette Parish School Board, 41 So. 3d 1119, 2010 WL 2723689 (La. 2010).

41 So. 3d 1119 (S.J. v. Lafayette Parish School Board) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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