DOROTHY BAHETH, ET AL.
LAFAYETTE PARISH SCHOOL SYSTEM, ET AL.
FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF
LAFAYETTE, NO. 2011-7238 HONORABLE PATRICK L. MICHOT,
W. Milton, Attorney at Law Counsel for Plaintiff/Appellant:
Dorothy Baheth, on behalf of her minor child, Sharntii Baheth
R. Smith, Kathy S. Boudreaux, Brenda L. Mistrot, Smith &
Boudreaux, LLC, Counsel for Defendants/Appellees: Lafayette
Parish School System, Lafayette Parish School Board
composed of Phyllis M. Keaty, John E. Conery, and Van H.
PHYLLIS M. KEATY, JUDGE
Dorothy Baheth, on behalf of her minor child, appeals the
trial court's grant of summary judgment in favor of
Defendant/Appellee, Lafayette Parish School Board. For the
following reasons, the trial court's judgment is
AND PROCEDURAL HISTORY
personal injury matter, the minor child, Sharntii
"Darius" Baheth (Darius), allegedly sustained
injuries on December 17, 2010, during a school-sponsored
field trip to a movie theater in Lafayette, Louisiana.
Darius, who was thirteen years old at the time, was a student
at Paul Breaux Middle School and was enrolled in an
Individualized Education Plan (IEP) because of his medical
diagnosis of autism. His IEP enabled him to participate in
Community Based Instruction (CBI) activities with students
without exceptionalities, which included participating in the
field trip at issue in this case. The record reveals that as
the teachers and students exited the bus to cross the street
to the movie theater, Darius began running around outside.
His teachers grabbed his hands and escorted him across the
street during which time he attempted to run away. He then
became physically violent. To prevent him from injuring
himself or others, Darius's teachers placed him in a
two-person restraint. Darius was thereafter given his
medication and was able to watch the movie. Ms. Baheth
alleges that Darius suffered injuries because of the
Baheth, on Darius's behalf, filed a Petition for Damages
against the Lafayette Parish School Board (the Board) for
"bodily injuries and damages" arising from the
field trip. She alleged that the injuries occurred when
restraining gear was placed on Darius. She also alleged that
the teachers failed to timely administer his medication. The
Board filed an answer and a Motion to Compel, which the trial
court granted on May 28, 2014.
Board subsequently filed the instant Motion for Summary
Judgment, alleging that it was immune from suit based upon
the Educational Opportunities for Students with
Exceptionalities (EOSE), La.R.S. 17:1941-1947. Alternatively,
the Board alleged that no duty was breached and that Darius
was not injured during the field trip. Ms. Baheth filed an
opposition memorandum. Following a hearing on April 3, 2017,
and pursuant to a written judgment dated April 24, 2017, the
trial court granted summary judgment in favor of the Board,
dismissing Ms. Baheth's suit with prejudice. Ms. Baheth
appeal, Ms. Baheth alleges the following assignments of
I. The trial court erred in not reviewing
plaintiff-appellant's brief in opposition to summary
judgment, prior to hearing, and ruled from the bench after
declaring that he had not done so.
II. The trial court erred in finding no material issue of
fact as the record of the hearing established multiple issues
of material fact with regards to liability and damages.
courts review summary judgments de novo under the
same criteria that govern the district court's
consideration of whether summary judgment is
appropriate." Elliott v. Cont'l Cas. Co.,
06-1505, p. 10 (La. 2/22/07), 949 So.2d 1247, 1253 (quoting
Reynolds v. Select Props., Ltd., 93-1480 (La.
4/11/94), 634 So.2d 1180). "After an opportunity for
adequate discovery, a motion for summary judgment shall be
granted if the motion, memorandum, and supporting documents
show that there is no genuine ...