156 So. 3d 1193
La. Ct. App.2014Background
- Unique Hayes, a Warren Easton charter high school student, was raped off-campus at a private end-of-year party on May 21, 2011.
- Erica Hayes sued multiple defendants, including Orleans Parish School Board (OPSB), alleging OPSB negligently failed to prevent longstanding bullying/harassment and failed in oversight/supervision.
- Warren Easton was a charter school; the charter acknowledged OPSB immunity under La. R.S. 17:3993 but contained indemnity/oversight provisions and an exception for claims arising from OPSB’s sole negligence.
- OPSB moved for summary judgment (arguing no genuine issue of material fact and immunity/no duty) and submitted an affidavit from OPSB’s Director of Security stating no reports of bullying concerning Unique were received and that he reviewed the school’s emergency plan.
- The trial court granted summary judgment dismissing OPSB (reserving claims against other defendants); plaintiffs appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether summary judgment was premature because discovery was ongoing | Discovery requests related to OPSB knowledge/oversight remained outstanding; summary judgment should be delayed | Plaintiffs had nearly three years and made no showing of diligent efforts; mere assertion of incomplete discovery insufficient | Trial court did not err; plaintiffs had adequate opportunity and failed to show probable injustice |
| Whether OPSB met its burden given charter immunity and oversight provisions | OPSB’s oversight obligation under the charter (Section 10.1) and the indemnity exception for OPSB sole negligence (Section 13.4.8) expose OPSB to liability | La. R.S. 17:3993 grants immunity for charter-related activities; no evidence OPSB knew or should have known rape was likely; duty of supervision limited to custody/control | OPSB immune / no duty under these facts; summary judgment proper because plaintiffs cannot prove OPSB breached a duty that caused the rape |
| Whether a reasonable jury could find OPSB liable | A jury could infer liability from alleged failure to address reported bullying and from OPSB’s oversight failures | Evidence shows the assault was off campus, unanticipated, and not within OPSB’s control; no prior notice placed OPSB on notice | No genuine issue of material fact; reasonable jury could not find OPSB liable on record presented |
| Whether awarding costs to OPSB was erroneous | Plaintiffs contend no equitable basis for costs (cursory) | OPSB entitled to costs under dismissal | Plaintiffs failed to brief/argue; assignment abandoned and without merit |
Key Cases Cited
- Francis v. Union Carbide Corp., 116 So.3d 858 (discussing de novo review/summary judgment standard)
- Our Lady of the Lake Hosp., Inc. v. Smith, 639 So.2d 730 (defining genuine issue of material fact and materiality)
- Thomas v. N. 40 Land Dev., Inc., 894 So.2d 1160 (adequate — not complete — discovery requirement before summary judgment)
- S.J. v. Lafayette Parish Sch. Bd., 41 So.3d 1119 (school duty of supervision limited to custody or control)
- Wallmuth v. Rapides Parish School Bd., 813 So.2d 341 (school board not insurer of student safety)
- Smith v. Treadaway, 129 So.3d 825 (non-mover must present evidence showing genuine material factual issues remain)