Leeann Mitchell, Individually, and on Behalf of D.E., Her Minor Child v. Cedar Rapids Community School District
2013 Iowa Sup. LEXIS 77
Iowa2013Background
- D.E. is a fourteen-year-old ninth-grade special education student at Kennedy High School, with an IQ around 67 and on a Level II IEP.
- Two Level II special education teachers at Kennedy, Biedenbach and Colberg, supervised D.E. during 2007-2008; M.F., a nineteen-year-old student, was in other classes.
- Biedenbach observed D.E. with M.F. in a romantic context and suspected they could be sexually active, though no explicit signs of coercion or abuse were identified.
- On Oct 26, 2007, D.E. asked to ride the bus to a friend’s house; Mitchell allowed it without confirming supervision arrangements or the other parent’s presence.
- D.E. and M.F. left school early with S.K., met J.I. for a ride, and eventually went to V.M.’s garage where M.F. raped D.E. while V.M. watched and fired a BB gun.
- In November 2009, Mitchell sued Kennedy for negligence alleging failures in supervision, attendance monitoring, notification, and security; a jury returned a verdict for D.E. with $500,000 damages, allocating 70% liability to Kennedy and 30% to D.E.
- Kennedy challenged the verdict via directed verdict and judgment notwithstanding the verdict, asserting lack of duty, scope of liability, and improper negligence specifications; the district court denied relief, and the court of appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Duty to protect off-campus, after-hours risks | Mitchell claims Kennedy owed a duty to supervise and protect D.E. even after school. | Kennedy contends no duty exists for after-hours/off-campus risks; duty should be limited. | No-duty challenge not preserved; scope-of-liability governs. |
| Scope of liability vs. causation | Specifications framed as breach of duty were properly supported by evidence. | The district court erred in submitting these specifications. | No error; sufficient evidence supported submission. |
Key Cases Cited
- Thompson v. Kaczinski, 774 N.W.2d 829 (Iowa 2009) (adopts Restatement Third framework; duty analyzed separately from causation)
- Royal Indemnity Co. v. Factory Mut. Ins. Co., 786 N.W.2d 839 (Iowa 2010) (limits on scope of liability; discussion of duty vs. scope)
- Hill v. Damm, 804 N.W.2d 95 (Iowa Ct.App. 2011) (examination of scope of liability vs. duty in school context)
- Doe v. Escambia Cnty. Sch. Bd., 599 So.2d 226 (Fla.Dist.Ct.App.1992) (after-hours, off-campus injury; school duty to supervise considered)
- Kazanjian v. Sch. Bd., 967 So.2d 259 (Fla.Dist.Ct.App.2007) (no duty where high school students skip; foreseeability not controlling in this context)