Credit v. Richland Parish School Board, 2012 La. LEXIS 500

Breana Howard dies after a fight near Rayville High School; a Richland Parish school bus, driven by Hesser, strikes her.
Plaintiffs allege school staff failed to supervise and respond in a timely manner; Breana's half-siblings were on a front bus; no teachers were on duty near the bus area.
Nakisha Credit filed suit on Behalf of Breana and Breana's siblings against the school board, related administrators, bus driver, district schools, and others for wrongful death, survival, and Lejeune damages.
Trial court granted no-causase action as to Stockton, Ineichen, Wright, and XYZ duty teachers under 17:439(A); bus-driver claim treated under 17:439(D) as barred unless insured limits apply.
Court of Appeal reversed in part, holding 17:439(A) immunizes only statements/actions, not omissions; allowed direct action against Hesser under 17:439(D).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does 17:439(A) immunize school employees for omissions as well as actions?	Credit argues immunity covers omissions too.	Stockton/Wright/ Ineichen argue immunity applies to acts or statements only.	Immunity extends to acts and omissions and statements.
May plaintiffs sue the bus driver directly under 17:439(D) for negligent operation where insurance/applicable coverage exists?	Driver may be sued directly to extent covered by insurance.	Immunity should bar direct action absent policy coverage.	Direct action against Hesser is permitted to the extent covered by insurance or self-insurance.

State, Div. of Admin., Office of Facility Planning and Control v. Infinity, 63 So. 3d 940 (La. 2011) (no-cause-of-action standard; statutory interpretation basics)
SWAT 24 Shreveport Bossier Inc., 808 So. 2d 294 (La. 2001) (interpretation in pari materia; statutory construction)
Succession of Boyter, 756 So. 2d 1122 (La. 2000) (legislative intent and statutory interpretation principles)
Weber v. State, 635 So. 2d 188 (La. 1994) (strict construction of immunity statutes)