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Henderson v. Simpson County Public School District6/12/2003
cher had adequate time and, indeed, a duty, to intervene in the situation while Price was standing over Henderson brandishing his fist for at least one minute.
. The teacher's action or inaction bears on the question of ordinary care by the teacher in supervising her class and her awareness of what was transpiring. In a case in which a student was sexually assaulted by a fellow student and the trial court dismissed the student's action for failing to state a claim, we reversed and remanded, holding that:
The teachers and administrators here are then protected by sovereign immunity if and only if they used ordinary care in controlling and disciplining their students. The issue of ordinary care is a fact question. The trial court, confronted with all relevant facts, should then under our law, decide whether or not those responsible used ordinary care as required by the statute. If the trial judge concludes that they failed, neither they nor the school are immune from liability.
L.W., 754 So. 2d at 1142 (emphasis added).
. While it may be true that no one involved had any knowledge of any violent propensities by Price, 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.
CONCLUSION
. Given the unresolved factual questions present in this case and the principle that ordinary care is a question of fact, we find that the circuit court erroneously granted the Simpson County School District's motion for summary judgment. The circuit court's judgment is reversed, and this case is remanded for a bench trial.
. REVERSED AND REMANDED.
PITTMAN, C.J., McRAE AND SMITH, P.JJ., DIAZ, EASLEY AND CARLSON, JJ., CONCUR. COBB AND GRAVES, JJ., DISSENT WITHOUT SEPARATE WRITTEN OPINION.
Page 1 2 Mississippi Personal Injury Attorneys
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