Insurance Dispute Lawyer Blog
School field trips are supposed to be fun. However, after an unfortunate incident, Darius Baheth’s experience was less than idyllic. Can a parent recover when their child is injured on a school field trip? The following lawsuit, out of Lafayette, Louisiana, answers that question.
When Darius was thirteen years old, he was allegedly injured while attending a school field trip to a movie theater in Lafayette, Louisiana. Darius had an Individualized Education Plan (“IEP”) because he had autism. While the teachers and students were leaving the bus to go across the street to the movie theater, Darius started running around. Some teachers placed restraints on him to prevent him from hurting himself or others. He then received medication and was able to participate in the field trip.
His mother, Dorothy Baheth, filed a lawsuit against the Lafayette Parish School Board for the injuries Darius purportedly suffered on the field trip. She argued the injuries happened when the teachers placed restraining gear on Darius. She also claimed the teachers did not timely administer Darius’ medication.
The School Board filed a summary judgment motion, arguing it was immune from the lawsuit under the Education Opportunities for Students with Exceptionalities statute, La. R.S. 17:1941-1947. Under this law, schools and their employees are only liable for damage to individuals when they act intentionally or with gross negligence. The School Board also argued it had not breached its duty and Darius had not been injured on the field trip. The trial court granted the School Board’s summary judgment motion. Baheth appealed.
On appeal, the court reviews the trial court’s ruling on a summary judgment motion de novo, which means it uses the same criteria as the trial court used. Summary judgment is appropriate if there are no genuine issues of material fact. See La. C.C.P. art. 966. Baheth claimed the trial court erred in granting the School Board’s summary judgment motion because of multiple material factual disputes. The School Board argued Baheth did not show or allege that it, or any of the employees or other representatives, acted with intent to harm Darius or with gross negligence.
The appellate court explained that even if the Board had breached a duty and was not immune under the Education Opportunities for Students with Exceptionalities, Baheth had not provided sufficient evidence to prove damage Darius had suffered any damage. Specifically, the medical records provided did not support a finding that the incident on the school field trip caused Darius’ injuries. Further, much of the medical history was only provided by his mother and was not objective. Objective evidence such as the CT scan and MRI did not establish a connection between the incident on the school field trip and Darius’ purported injuries. Therefore, the appellate court affirmed the trial court’s grant of the School Board’s summary judgment motion.
This case highlights the challenges parents face when seeking accountability for their child’s injuries on a school field trip. Despite the alleged negligence and breach of duty, the appellate court’s affirmation of the trial court’s grant of summary judgment to the Lafayette Parish School Board demonstrates the importance of presenting compelling and objective evidence to establish a connection between the incident and the injuries sustained. If your child has suffered harm at school, it is crucial to consult with a skilled attorney who can help you navigate the legal landscape and gather the necessary evidence to support your claim. While the path to justice may be complex, diligent legal representation can provide invaluable guidance and support in pursuing a fair resolution for your child’s well-being.
Additional Sources: Dorothy Baheth, et al., v. Lafayette Parish School System, et al.
Article Written By Berniard Law Firm
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