Henderson, et al. v. Simpson County Pub. Sch. Dist.
| Docket Number: | 2001-CA-00363-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 06-12-2003 Opinion Author: Waller, J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Personal injury - Public schools - Foreseeability Judge(s) Concurring: Pittman, C.J., McRae and Smith, P.JJ., Diaz, Easley and Carlson, JJ. Dissenting Author : Cobb and Graves, JJ. Procedural History: Summary Judgment Nature of the Case: CIVIL - TORTS-OTHER THAN PERSONAL INJURY & PROPERTY DAMAGE |
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| Trial Court: |
Date of Trial Judgment: 02-07-2001 Appealed from: Simpson County Circuit Court Judge: Robert G. Evans Disposition: Summary judgment granted in favor of the Simpson County Public School District Case Number: 98-0252 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Andrew Henderson, a Minor, By and Through His Next Friend and Guardian, Walter Henderson and Walter Henderson, Individually |
DEREK L. HALL |
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| Appellee: | Simpson County Public School District | KENNETH S. WOMACK |
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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. |
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| Topic: | Personal injury - Public schools - Foreseeability |
| Summary of the Facts: | While attending school, Andrew Henderson was injured when he was taunted and assaulted by another student in the presence of their teacher. Andrew Henderson, a minor, and his natural guardian, Walter Henderson, filed suit against the Simpson County Public School District. The court granted summary judgment in favor of the District, and Henderson appeals. |
| Summary of Opinion Analysis: | Henderson argues that the court erred in finding that there was no issue of material fact regarding foreseeability. Public schools have the responsibility to use ordinary care and to take reasonable steps to minimize foreseeable risks to students thereby providing a safe school environment. There is no liability predicated on lack or insufficiency of supervision where the event in connection with which the injury occurred is not reasonably foreseeable. According to Henderson, he was taunted by a student from across the classroom. The student walked to Henderson's desk and made threatening gestures for approximately one minute before he struck Henderson. All of this occurred while a teacher was standing within five feet of Henderson. While it may be true that no one involved had any knowledge of any violent propensities by the student who struck Henderson, the factual circumstances surrounding the incident, namely, the loud taunting and the threatening gestures preceding the assault, bear on the question of the level of care exercised by the teacher in supervising her class at the time. These issues can be properly resolved only after a trial. |
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