Woods v. ST. CHARLES PARISH SCHOOL BD.

790 So. 2d 696, 2001 WL 765145
Louisiana Court of Appeal·Decided June 27, 2001·No. 01-CA-162·Published·Cited by 1 cases

Opinion

790 So.2d 696 (2001)

Gilda WOODS, Individually and on Behalf of Her Minor Son, Bryant Woods
v.
ST. CHARLES PARISH SCHOOL BOARD, et al

No. 01-CA-162.

Court of Appeal of Louisiana, Fifth Circuit.

June 27, 2001.

*697 Elizabeth Haecker Ryan, Justin H. Homes, Montgomery, Barnett, Brown, Read, Hammond & Mintz, L.L.P., New Orleans, for Defendants/Appellees.

Jan P. Jumonville, Metairie, for Plaintiff/Appellant.

Panel composed of Judges THOMAS F. DALEY, MARION F. EDWARDS, and SUSAN M. CHEHARDY.

DALEY, Judge.

Plaintiff Gilda Woods, individually and on behalf of her minor son Bryant Woods, appeals the trial court's grant of defendant's Exception of Prescription. We affirm.

Woods alleged in her petition that defendant Dani O'Hara, her son's first grade teacher at New Sarpy Elementary School in Destrehan, Louisiana, had "continuously mistreated, harassed, and physically abused" her son, Bryant, while in the course and scope of her employment as a teacher with the St. Charles Parish School Board, and that such abuse was known by the principal of the school, Frederick Treuting. The petition also names Mr. Treuting and the School Board as defendants. The petition further alleges that the tortious conduct continued from August of 1997 to August 12, 1999[1], when *698 Mrs. Woods received a letter from the school stating that Bryant could not return to New Sarpy Elementary School as a student "as per request of principal." She filed this suit on April 22, 1999, seeking damages for Bryant for past physical pain and suffering, past, present, and future mental pain and suffering, past, present, and future loss of enjoyment of life, past medical expenses, past, present, and future psychological counseling expenses, and for her loss of consortium.

Defendants answered, denying all of the allegations in the petition. In addition, defendants filed an Exception of Prescription, arguing that many of the alleged acts occurred more than a year prior to the date suit was filed, and hence any cause of action related to those incidents had prescribed.

On appeal, Ms. Woods argues that the teacher's behavior constituted a continuing tort. Ms. Woods argues in brief, though not in her petition, that the school manufactured a case against her son, through the alleged incidents, to prevent him from returning in the fall of 1998. She compares the nature of the teacher and school's alleged tortious conduct to a sexual harassment "hostile environment" claim or a workplace discrimination claim, arguing that prescription did not run on each separate incident, but the incidents together created the tort.

Defendants argue on appeal that Ms. Woods's petition has not pled, nor has the evidence shown, any continuing damages to Bryant. They argue that each alleged act by the teacher was a distinct, separate incident, and did not constitute a continuing tort. The trial court agreed, and granted the Exception of Prescription insofar as Ms. Woods's petition referred to any acts greater than one year before the petition was filed.

After thorough consideration of the facts, record, and law, we affirm the judgment of the trial court.

In her petition, Ms. Woods alleged that from August of 1997 until the end of school in May, 1998, Ms. O'Hara continuously mistreated, harassed, and physically abused her son Bryant, which conduct was known and approved by the principal, Mr. Treuting. No specific dated incidents are described in the petition. The petition was filed on April 22, 1999.

Discovery, Answers to Interrogatories, and the deposition of Ms. Woods gave the following dates to her claims, outlined by the defendants in their Memorandum in Support of the Exception of Prescription. Three claims refer to alleged incidents involving physical injury to Bryant Woods:

October 1997 - Ms. O'Hara squeezed Bryant Woods's arm and pushed him down into his desk, leaving fingernail marks on his arm. March 10, 1998 - plaintiff claims that her son was not offered timely medical treatment for a black eye he sustained at the hands of another student. March 24, 1998 - plaintiff alleged that Bryant Woods fell and injured his hands at the school yard and was not offered medical attention in timely fashion.

Eleven remaining claims assert alleged false accusations and allegedly improper discipline.

August 1997 - During the first week of school, Ms. O'Hara allegedly disciplined Bryant Woods for throwing a crayon that he claims he did not throw (Gilda Woods's deposition, *699 Exhibit A at pp. 37-38 and Answer to Interrogatory 19, Exhibit B); First semester, Plaintiff alleges that 1998 - Ms. O'Hara intentionally refused to call upon Bryant Woods for answers to questions posed in class, even though Bryant raised his hand to participate (Woods's deposition, pp. 49-52); October 1997 - Plaintiff alleges that during P.E. class, another student struck Bryant Woods in the face. The P.E. teacher allegedly told Bryant that because Bryant was always picking on the other student, Bryant had gotten what he deserved (Woods's deposition, pp. 59-60 and Answer to Interrogatory no. 19); February 1998 - Plaintiff described an incident whereby Ms. O'Hara allegedly refused to give Bryant Woods a piece of pizza he requested (Woods's deposition, pp. 63-66 and Answer to Interrogatory no. 19); March 5, 1998 - Plaintiff alleges that Bryant Woods was falsely accused and reprimanded for throwing mud at another student on March 3 when, plaintiff says, Bryant was absent from class for medical reasons (Woods's deposition, pp. 66-67 and Answer to Interrogatory no. 19); March 6, 1998 - Plaintiff claims that Bryant Woods was again reprimanded for being disrespectful and disrupting class, charges that plaintiff claims were fabricated (Woods's deposition, pp.

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Woods v. ST. CHARLES PARISH SCHOOL BD., 790 So. 2d 696, 2001 WL 765145 (La. Ct. App. 2001).

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