The state Supreme Court earlier this month weighed in on a lawsuit filed by the parents of a 5-year-old who suffered a hip injury during a playground incident at St. George School in East Baton Rouge Parish.
The high court on Oct. 10 denied a petition by the Roman Catholic Church of the Diocese of Baton Rouge challenging the decision by a state appeals court, which decided that the case could move forward after a trial court dismissed it. The First Circuit Court of Appeal in April found the trial court erred by excluding evidence that raised issues material to the case.
The lawsuit, which was filed on behalf of the minor child of Scott and Natalie Loupe, sought damages after a game of tag during recess at St. George School in 2017 led to physical contact between the Loupes’ son, labeled “G.L.,” and another 5-year-old, identified as “J.M.” The plaintiffs argued that their son was intentionally pushed by J.M., who had a record of behavioral issues, and that school officials could have prevented the injury from occurring.
The appeals court concluded that the trial court’s granting of summary judgment to the defendants was improper because an email exchange between the boys’ teacher, Lauren Keyser, and another school official was excluded from consideration. The emails mention that more than a month before the injury, J.M. was involved in “hitting students, rough playing, those kinds of impulse control behaviors.”
“This document is proper summary judgment evidence …” the appeals court said in its decision. “The trial court abused its discretion by excluding this exhibit, which we now consider in our de novo review.”
Other behavioral issues relating to J.M. that were mentioned in the teacher’s emails included kicking students while walking down the hall, punching children in the bathroom, hitting and slapping other students and wrestling another student in music class.
“If the trier of fact concludes that J.M.'s actions on the playground mirrored those noted in Ms. Keyser' s email, it must next consider the reasonableness of the school defendants' response to J.M.' s behavior issues prior to this incident, including the reasonableness of the supervision provided, and the school defendants' ability to foresee that J.M. would continue to demonstrate the complained-of behaviors on the date G.L. was injured,” the appeals court opinion says.
Testimony by the two boys was contradictory, with J.M. calling the playground incident an accident and G.L. saying the other boy fell on him “on purpose.”
“The 5-year-old was significantly injured at the school, and I think there was maybe some failure to take responsibility by the Catholic Church,” Lance Unglesby, one of the plaintiffs’ attorneys, told the Louisiana Record.
A spokesman for the Diocese of Baton Rouge said the diocese could not comment on the case since it was still being litigated.
The state Supreme Court’s rejection of the defendants’ request that the high court review the case was unanimous. The case will next be sent back to the trial court. In the appeals court ruling, the costs of the appeal were assessed to the diocese and St. George School.