Beacham v. City of Starkville Sch. Sys.
| Docket Number: | 2006-CA-01685-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-17-2008 Opinion Author: KING, C.J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Negligence - Tort Claims Act - Duty of school district - Ordinary care Judge(s) Concurring: LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES AND ROBERTS, JJ. Judge(s) Concurring Separately: Carlton, J., specially concurs with separate written opinion, joined by Ishee, J. Procedural History: Jury Trial Nature of the Case: CIVIL - TORTS-OTHER THAN PERSONAL INJURY & PROPERTY DAMAGE |
|
| Trial Court: |
Date of Trial Judgment: 08-31-2006 Appealed from: OKTIBBEHA COUNTY CIRCUIT COURT Judge: James T. Kitchens, Jr. Disposition: JUDGMENT IN FAVOR OF CITY OF STARKVILLE SCHOOL SYSTEM Case Number: 2005-0053-CV |
|
| Party Name: | Attorney Name: | |||
| Appellant: | CANDACE BEACHAM, AS NEXT FRIEND OF ASHLEY BEACHAM, A MINOR |
RODNEY A. RAY |
||
| Appellee: | CITY OF STARKVILLE SCHOOL SYSTEM | ELIZABETH ROSS HADLEY, WILTON V. BYARS |
|
|
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
|
| Topic: | Negligence - Tort Claims Act - Duty of school district - Ordinary care |
| Summary of the Facts: | Ashley Beacham, a minor child, by and through her next friend, Candace Beacham, filed suit against the City of Starkville School System, alleging that the School System was negligent in protecting Ashley from harassment by fellow students and, therefore, liable for damages. The circuit court found in favor of the School System and dismissed the suit with prejudice. Beacham appeals. |
| Summary of Opinion Analysis: | Candace argues that the circuit court’s ruling was clearly erroneous and manifestly wrong because the overwhelming weight of the evidence showed that the School System did not use ordinary care in protecting Ashley since the principal’s investigation was unreasonable because he did not talk to Ashley about the allegations she made against her fellow students. The school district is immune from liability for injuries sustained by a student harmed at school so long as it exercises ordinary care to prevent foreseeable harm. Immunity does not exist, however, if the school district fails to use ordinary care. There is substantial evidence to support the circuit court’s finding that the School System exercised ordinary care and was, therefore, immune from liability. The School System is not responsible for any harassment Ashley suffered outside of school. Furthermore, the School System cannot be held responsible simply for its young students’ failure to respect their peers’ boundaries. The substantial weight of the evidence supports the circuit court’s finding that the School System used ordinary care in investigating Ashley’s claims of harassment at school when it was brought to the School System’s attention. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
