 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Doe Parents No. 1 v. State11/27/2002
roposition, the Maryland Court of Appeals cited, inter alia, the Restatement (Second) of Torts § 320, at 130 (1965), which we discuss infra. Id. at 452.
In the Eisel court's view, the foregoing factors reflected that "it is an open question whether there is a duty to attempt to prevent an adolescent's suicide, by reasonable means, including, in this case, by warning the parent." Id. The Eisel court resolved this open question by considering six "variables," which led it to hold that "school counselors have a duty to use reasonable means to attempt to prevent a suicide when they are on notice of a child or adolescent student's suicidal intent." Id. at 452-56.
In Brooks, the plaintiffs (Jeffrey Brooks's family and estate) alleged that Jeffrey's high school English teacher and the school district owed a duty to "take affirmative action to detect and assist students who suffer from depression or suicidal ideation." 903 P.2d at 75-76. More specifically, the plaintiffs claimed that the school district owed a duty to warn Jeffrey's parents of his suicidal tendencies, which, they alleged, he had, albeit elliptically, conveyed in a journal, which he kept as part of an English assignment and which his teacher had read. Id. at 75, 79. In this regard, the Brooks court held: (1) that the school had not voluntarily assumed a duty to help Jeffrey because his teacher had, in the past, helped other troubled students, id. at 78; (2) that a custodial relationship did not give rise to a duty a warn, id. at 78-79; but (3) that, under the Idaho Code (I.C.), the school owed a duty to "protect the health and morals of students," id. (citing I.C. § 33-512(4)), which, as Idaho Supreme Court precedent established, "created a statutory duty [that] requires a school district to act reasonably in the face of foreseeable risks of harm," id. at 79 (citations omitted). Thus, the Brooks court construed and applied its own precedent as follows:
Previously, we have ruled that when the legislature enacted I.C. § 33-512(4), it created a statutory duty [that] requires a school district to act reasonably in the face of foreseeable risks of harm. Czaplicki v. Gooding Joint School Dist., 116 Idaho 326, 331, 775 P.2d 640, 645 (1989); Doe v. Durtshci, 110 Idaho 466, 716 P.2d 1238 (1986). We again discussed this statutory duty in Bauer v. Minidoka Sch. Dist. No. 331, 116 Idaho 586, 778 P.2d 336 (1989). In that opinion we noted that this statutory duty exemplifies the role of the state to the children in school, which is a role described as one in locoparentis. Id. at 588, 778 P.2d at 338. We quoted favorably from a Washington opinion[,] which pointed out that "the duty a school district owes to its pupils is ' o anticipate reasonably foreseeable dangers and to take precautions protecting the children in its custody from such dangers.'" Id. at 590, 778 P.2d at 340 (quoting Carabba v. Anacortes Sch. Dist. No. 103, 72 Wash.2d 939, 435 P.2d 936, 946 (1967) ).
Thus, under our previous case law[,] we have determined that a school district has a duty, exemplified in I.C. § 33-512(4), to act affirmatively to prevent foreseeable harm to its students. . . . Therefore, we find that the question of whether [Jeffrey's teacher] had a duty to seek help for Jeff is essentially a question that has already been addressed by this Court.
Accordingly, we find that there is a duty [that] arises between a teacher or school district and a student. This duty has previously been recognized by this Court as simply a duty to exercise reasonable care in supervising students while they are attending school. Brooks, 903 P.2d at 79 (some brackets added and some in original).
In our view, Miller and Kim are reconcila
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Hawaii Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
By using the system, you agree to TERMS OF SERVICE
|