Sometimes insurance defense cases involve defending School Boards against a myriad of claims, including the discipline of children, and whether the discipline rises to the level of a malicious, willful, or deliberate cause of bodily harm.  La. R.S. 17:416 provides for a teacher to discipline or correct a pupil who disrupts normal classroom activities, who is disrespectful to a teacher, who willfully disobeys a teacher, who uses or abusive or foul language directed at a teacher or another pupil, who violates school rules, or interferes with an orderly education process.  However, the reliance on this statute does not mean that lawsuits will not be filed.  In XYZ v. East Baton Rouge Parish School Board, 697 So.2d. 27, a high school senior who was not allowed to graduate because he missed classes and assignments, and failed to perform the adequate makeup work, sued the school.  A Motion for Summary Judgment was granted in favor of the School Board.

 

In ABC v. St. Charles Parish School Board, 790 So.2d. 696, a student alleged that a teacher continually mistreated, harassed, and abused the student for things such as denial of medical treatment, unwarranted disciplinary action, refusal of a piece of pizza, and unfair punishments. This lawsuit was not entertained because the statute of limitations had run.

 

Plauché, Smith & Nieset is engaged in the insurance defense practice, concentrating on insurance defense litigation and business litigation in Calcasieu Parish, Cameron Parish, Jefferson Davis Parish, Allen Parish, and Beauregard Parish.  Plauché, Smith & Nieset also engages in the insurance defense practice throughout the state of Louisiana.

 

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