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Henderson v. Simpson County Public School District6/12/2003
DATE OF JUDGMENT: 2/7/2001
NATURE OF CASE: CIVIL - TORTS-OTHER THAN PERSONAL INJURY & PROPERTY DAMAGE
DISPOSITION: REVERSED AND REMANDED - 06/12/2003
EN BANC.
. In this action for damages under the Mississippi Tort Claims Act, Andrew Henderson, a minor, and his natural guardian, Walter Henderson, appeal from the Circuit Court of Simpson County's grant of summary judgment in favor of the Simpson County Public School District. While attending school, Andrew Henderson was injured when he was taunted and assaulted by another student in the presence of their teacher. The circuit court found that the School District fulfilled its duty to use ordinary care and to take reasonable steps to minimize foreseeable risks to students, thereby providing a safe school environment, and was not liable for Henderson's injuries. We reverse and remand, finding that questions of material fact as to foreseeability exist and summary judgment was therefore improper.
FACTS
. Henderson was an eleven-year-old honor student at Mendenhall Junior High School on November 4, 1997. While sitting at his assigned desk, he was assisting Nicole Gardner, another student, during math class. Nearby, a teacher was helping another student. Another student, Emmanuel Price, began loudly taunting and bothering Gardner and Henderson from across the room. Henderson asked Price to leave Gardner and him alone. Price walked over to Henderson's desk and made threatening gestures such as drawing his fist back several times as if to hit Henderson. After Price made threatening gestures for at least a minute, he struck Henderson. The punch was so hard that Henderson and the desk toppled to the floor. Henderson sustained a fractured tooth, a concussion, and a fracture to the inferior orbit beneath his right eye. As a result of the injuries, Henderson experienced double vision that required surgery and sustained medical bills in the amount of $8,270.43. Henderson sued the School District, alleging that Simpson County was negligent and was strictly liable for his injuries because it failed to use "ordinary care" in controlling, disciplining students and providing a safe environment for students.
DISCUSSION
WHETHER SUMMARY JUDGMENT WAS APPROPRIATE.
. " ublic 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." L.W. v. McComb Separate Mun. Sch. Dist., 754 So. 2d 1136 , 1143 (Miss. 1999). " here is no liability predicated on lack or insufficiency of supervision where the event in connection with which the injury occurred is not reasonably foreseeable." Levandoski v. Jackson County Sch. Dist., 328 So.2d 339, 342 (Miss. 1976).
. The circuit court granted summary judgment based on its finding that there was no issue of material fact regarding foreseeability. Supporting this finding are the facts that there is no evidence that any School District employees had any knowledge that Price had violent propensities or that Price had ever behaved in this manner in the past.
. Notwithstanding these facts, we find that several questions of material fact exist and that summary judgment was improper. According to Henderson, Price's taunts could be heard across the classroom. Price 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. Even if, for argument's sake, the teacher did not have a responsibility to stop the taunting, there is still an issue of fact as to whether the tea
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