Moss Point School District v. Stennis
132 So. 3d 1047
| Miss. | 2014Background
- Stennis sued Moss Point School District (MPSD) in Jackson County Circuit Court for injuries from an off-campus assault by another student and that student’s mother.
- MPSD moved for summary judgment and dismissal; the circuit court denied; reconsideration also denied.
- The October 2, 2008 incident occurred after school ended, on a public street, involving Woods and Davis; Stennis was stabbed and injured.
- A September 15, 2008 text threat from Woods to Stennis led to police involvement and a meeting with an officer who obtained a signed no-fight agreement.
- Stennis filed MTCA claims alleging failure to provide a safe environment, negligent supervision, and related duties; the central issue was duty of care.
- The court reversed and remanded to determine whether a provision in the student handbook imposed a ministerial duty; the case was remanded for record development.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did MPSD owe a duty of care to Stennis at the time of the incident? | Stennis argues MTCA duty exists via ministerial duties and possible handbook-imposed duties. | MPSD contends no duty off school property; handbook not a statute/regulation imposing ordinary care. | Remand to determine possible handbook-imposed duty; overall reversal. |
Key Cases Cited
- Pearl Pub. Sch. Dist. v. Groner, 784 So.2d 911 (Miss.2001) (school duty under 37-9-69; ministerial duties framework)
- Lang v. Bay St. Louis/Waveland Sch. Dist., 764 So.2d 1234 (Miss.1999) (ministerial duties; obligation to provide safe environment)
- Gammel v. Tate County School Dist., 995 So.2d 853 (Miss.Ct.App.2008) (off-property duty limitations; status analysis when off school property)
- Covington County Sch. Dist. v. Magee, 29 So.3d 1 (Miss.2010) (MTCA exclusive remedy; governmental entity status)
- Henderson v. Simpson County Pub. Sch. Dist., 847 So.2d 856 (Miss.2003) (ministry of care standard for safe school environment)
- Lyle v. Mladinich, 584 So.2d 397 (Miss.1991) (duty question in negligence; duty is a question of law)
- Grisham v. John Q. Long V.F.W. Post, No. 4057, Inc., 519 So.2d 413 (Miss.1988) (duty analysis in negligence; ministerial duties concept)
- Pearl Pub. Sch. Dist. v. Groner, 784 So.2d 911 (Miss.2001) (regulation-based duties; school responsibility to maintain order)