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← 802 SO2D 28 - Wallmuth v. Rapides Parish School Bd.

Wallmuth v. Rapides Parish School Bd.’s Empirical Analysis

2001

Citation profile

4
cited by 4 later decisions
1
states following
May 2019
most recently cited

4 state decisions

Relationships

Relies on Watson v. State Farm Fire and Cas. Ins. Co. · Thibodeaux v. State Farm Mutual Insurance Co. · 631 So. 2d 70 - Adams v. Caddo Parish School Bd. · Lovelace v. Giddens · Bell v. Ayio

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “A school board, through its agents and teachers, owes a duty of reasonable supervision over students. La. Civ.Code art. 2320; Adams v. Caddo Parish School Bd., 25,370 (La.App. 2 Cir. 1/19/94), 631 So.2d 70 , writ denied, 94,684 (La.4/29/94), 637 So.2d 466 . The supervision required is reasonable, competent supervision appropriate to the age of the children and the attendant circumstances. Jackson v. Colvin, 98-182 (La.App. 3 Cir. 12/23/98) , 732 So.2d 530 , writ denied, 99-228 (La.3/19/99), 740 So.2d 117 . This duty does not make the school board the ^insurer of the safety of the children. Id. Constant supervision of all students is not possible nor required for educators to discharge their duty to provide adequate supervision. Adams, 631 So.2d 70 Before liability can be imposed upon a school board for failure to adequately supervise the safety of students, there must be proof of negligence in providing supervision and also proof of a causal connection between the lack of supervision and the accident. Id. “Injury from horseplay between discerning students which, at some stage may pose an unreasonable risk of harm to the participants, does not automatically and of itself render the supervising authority liable.” Henix v. George, 465 So.2d 906, 910 (La.App. 2 Cir.1985). Furthermore, before a school board can be found to have breached the duty to adequately supervise the safety of students, the risk of unreasonable injury must be foreseeable, constructively or actually known, an”
    3 later decisions quote this exact passage
  2. “insure that there was increased supervision in the locker room so as to prevent future skirmishes.”
    1 later decision quote this exact passage
  3. “when there was supervision, there were no problems,”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.