BROWN v. MULDROW PUBLIC SCHOOLS
2024 OK CIV APP 20
| Okla. Civ. App. | 2024Background
- George Brown, a student at Muldrow High School, was assaulted by another student (B.B.) in September 2016 after repeated bullying and threats.
- Brown and his parents claimed multiple reports of bullying were made to school officials, including the principal and teachers, but the school failed to take effective action.
- Brown suffered physical and psychological injuries following the assault and began treatment several months later.
- Brown filed a lawsuit alleging negligence and negligent supervision against Muldrow Public Schools and a teacher (Julie Boshers, also B.B.'s mother).
- Prior to trial, Brown settled with Boshers for $45,000; the trial continued against the School District.
- The jury awarded Brown $312,600 (reduced for comparative fault), and the court ultimately entered judgment for $125,000 (the statutory cap) plus costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Denial of Directed Verdict | Evidence showed foreseeability of harm and negligence by school staff. | Harm was unforeseeable; B.B. and Boshers were sole causes; Boshers acted outside employment. | Jury question; denial proper as factual disputes remained. |
| Denial of Requested Jury Instructions | Jury was properly instructed; no prejudice from denial. | Instructions on intervening cause, GTCA exemptions, and punitive damages were necessary and denied. | Not reversible error; instructions were adequate. |
| Application of Damages Cap and Offsets | Damages should reflect jury reduction, then be capped per GTCA after UCATA offset. | Cap should be applied first, then offset for settlement. | Sequence used by trial court affirmed (offset before GTCA cap). |
| Award of Costs Above Statutory Cap | Costs and fees can be awarded in addition to cap under SPA. | Total recovery (including costs) cannot exceed GTCA cap. | Costs above $125,000 statutory cap vacated; damages affirmed. |
Key Cases Cited
- Lockhart v. Loosen, 943 P.2d 1074 (Okla. 1997) (foreseeability and proximate cause are jury questions in negligence)
- Thomas v. City of Tulsa, 766 P.2d 339 (Okla. 1988) (interprets order of applying damage cap and offsets under GTCA)
- Belletini v. State ex rel. Dep't of Transp., 920 P.2d 1067 (Okla. Civ. App. 1996) (total recovery from state entity cannot exceed statutory cap)
- Park v. Security Bank & Trust, 512 P.2d 113 (Okla. 1973) (standard for reviewing jury verdicts)
- Speight v. Presley, 203 P.3d 173 (Okla. 2008) ("scope of employment" defined under GTCA)