Student and his mother brought action against parish school board to recover damages for injuries that student allegedly sustained after being thrown off of car that he was sitting on, which was in motion in campus parking lot after school hours, asserting that board was negligent and failed to exercise reasonable supervision of its students.
The District Court granted board’s motion for summary judgment. Plaintiffs appealed.
The Court of Appeal held that:
- Fact issues existed as to whether board violated its school policy provisions relating to adult supervision of students on school grounds, precluding summary judgment on negligent-supervision element;
- Fact issues existed as to whether student was permitted to be on campus at the time of the incident, precluding summary judgment on negligent-supervision element;
- Fact issues existed regarding number of students in campus parking lot and length of lack of supervision on date of student’s incident, precluding summary judgment on negligent-supervision element;
- Testimony of car driver created fact issue as to whether there was a causal link between lack of supervision and student’s injuries, precluding summary judgment on causal-connection element; and
- Fact issues existed regarding foreseeability of student’s accident, precluding summary judgment on foreseeability element.