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Liability Scenarios
Fill in the Blank
Which Court Case?
Vocabulary
Vocabulary Cont.
100
A teacher is generally not liable for ________ just because a student is not intellectually inclined
What is educational malpractice In the case of Peter W. v. San Francisco Unified Sch. Dist., 131 Cal. Rptr. 854 (App 1976), A student graduated from high school and sued because he was only able to read at an elementary school level. The court found the school was not guilty of educational malpractice because there was no way of proving negligence was the cause of his low reading level (Schimmel, Stellman & Fischer, 2011).
100
A group of girls plan to wait for another student to leave school so they can jump her. These girls are guilty of ______
What is willful conduct (the act was intentional) http://itlaw.wikia.com/wiki/Willful_conduct In the case of Broward County Sch. Bd. v. Ruiz 493 So.2d 474 (Fla. App. 1986), a student was beaten outside his high school after practice by a group of male students. The court found the school negligent in not supervising the area after practice (Schimmel, Stellman & Fischer, 2011). It seems as though the boys who attacked the student could have known that there was no supervision after practice and that this would be a good time to hurt another student.
100
In which Minnesota court case was a teacher found to have failed in providing reasonable care after a student was injured from having small rocks thrown at her?
What is the Sheehan Case or Sheehan v. St. Peter's Catholic Sch. 188 N.W.2d 868 (Minn. 1971) Margarent Sheehan was injured by a group of male students. Her teacher brough Sheehan and 19 other females to a field where male students were playing baseball. The teacher left and the boys starting throwing small rocks at the girls. Margaret and the girls asked repeatedly for them to stop. The boys continued and a rock hit her in the eye. After the Sheehan's brought the case to court, it was found that the teacher was liable for neglect and for not providing reasonable care (Schimmel, Stellman & Fischer, 2011).
100
"Legally responsible"
What is liable http://dictionary.reference.com/browse/liable
100
"primary cause of an injury"
What is proximate cause http://legal-dictionary.thefreedictionary.com/proximate+cause
200
If both a teacher and a student are found to be negligent in the injury of the student, this is called...
What is comparative negligence The court found comparative negligence in the case of Rollins v. Concordia Parish Sch. Bd., 465 So.2d 213 (La. App. 1985). A female student jumped off the merry-go-round at school and broke her leg. The student received only 50% of her award because it was found that the school and child were equally negligent in her accident (Schimmel, Stellman & Fischer, 2011).
200
A school hires a teacher who has been known to hit students in other schools. The school could be guilty of _____
What is negligent hiring A similar situation occured in Sch. Bd. of Orange County v. Coffey, 524 So.2d 1052 (Fla. App. 1988). A school district was found negligent when a teacher known for sexually assaulting a student was able to keep her job. The court noted that the school had a responsibility to keep students safe and having this teacher in the building was not best for students (Schimmel, Stellman & Fischer, 2011).
200
In which Illinois court case did the court find the school was not liable after a student was beaten on a field trip?
What is the Mancha Case or Mancha v. Field Museum of Natural History, 238 N.E.2d 899 (Ill. App. 1972). At a school in Illinois a class visited a museum. The teachers allowed students to view exhibits independently. A student in the class, Roberto Mancha was beaten by a group of male visitors at the museum. The Mancha family sued the teachers, saying they were negligent. In court, however, it was found that there was no way to foresee the incident happening. This was an awful, yet unlikely situation that the teachers never could have predicted (Schimmel, D., Stellman, L. R., & Fischer, L., 2011).
200
"Money awarded to a person by court that is over and above the damages actually sustained (p.457)."
What is punitive damages (Schimmel, Stellman & Fischer, 2011).
200
"A small symbolic award, where the plaintiff has been wronged but has not been able to show actual damages" (p.76)
What is nominal damages (Schimmel, Stellman & Fischer, 2011).
300
A teacher was falsely and unreasonably accused of neglect of a student. The court realized the accusations were untrue. This suit could have impaired the teacher's reputation. The teacher was awarded attorney fees. The teacher in this situation was the _______ party
What is prevailing In the case of Lyon v. Estrella Foothills High School, 2007 WL 707124 (D Ariz. 2007) a high school student brought alcohol to her no tolerance school. After being suspended, her parents sued the school board saying the student's civil rights were breached. The claim was ridiculous and the school was granted $39,000 in lawyer fees (Schimmel, Stellman & Fischer, 2011).
300
A student is being ridiculed each and everyday by his fellow students for being black. Under what federal statute is the school guilty of negligence?
What is section 1983 In the case of Flores v. Morgan Hill Unified Sch. Dist., 817 F.2d 351 (5th Cir. 1987), a school district was found liable when homosexual students were being harassed and beaten. Under section 1983, students have civil rights which cannot be discriminated against based on race, color, gender, etc (Schimmel, Stellman & Fischer, 2011).
300
In which Florida court case was a substitute teacher found negligent when a student was sexually assaulted by a peer?
What is Collins v. Sch. Bd. of Broward County, 471 So.2d 560 (Fla.. App. 1985). A substitute teacher was not properly supervising a shop class. One student sexually assaulted another. The teacher was negligent in not supervising the class. Even substitutes are held to the standards of teachers in regards to liability (Schimmel, Stellman & Fischer, 2011).
300
"The government's freedom from being sued for money damages without its consent" (p.457).
What is sovereign immunity (Schimmel, Stellman & Fischer, 2011).
300
"A student's own negligence contributed to the injury" (p.65)
What is contributory negligence
400
A student claims his teacher ignored him daily and was neglectful of him. However, he has no way of proving damages. The judge grants the student $1 in ______ damages
What is nominal Perez v. Rodgrigues Bou, 575 F.2d 21 (1st Cir. 1978) A group of college students sued their school for being suspemded for twelve days. The students, however, could not show what damages were caused by the suspension. The court found the suspension was a mistake and only nominal damages were given to the plaintiffs (Schimmel, Stellman & Fischer, 2011).
400
Being _____ does not always make a teacher liable for negligence. If a teacher is not supervising students and an accident, that could not have been predicted, occurs, the teacher is not necessarily negligent.
What is careless In a Louisiana court case, Nash v. Rapides Parish Sch. Bd., 188 So.2d 508 (La. App. 1966), the school was not found liable when a boy was injured by another student at the bus stop. There was no teacher supervision, even though there was supposed to be. However, the court ruled that even had a teacher been there, there is no reason to believe the incident could have been stopped (Schimmel, Stellman & Fischer, 2011).
400
In which Maryland court case were two counselors at a high school found liable when they did not help to stop a teen suicide?
What is Eisel v.Bd. of Educ. of Montgomery County, 597 A.2d 447 (Md. 1991). After a high school student told a few of her friends her thoughts on committing suicide, her peers confided in two school counselors. THe counselors spoke with the girl who said this was untrue. The counselors did nothing more in the situation. After the girl killed herself, her father sued. The court found that the counselors had a duty of care to notify the father about these rumors. He may have been able to help his daughter or stop her in some way from committing suicide (Schimmel, Stellman & Fischer, 2011).
400
"Damages that relate to the actual loss suffered by a plantiff, such as loss of income" (p.455).
What is compensatory damages
400
"The degree of care a teacher of ordinary prudence would have used under like circumstances" (p.61)
What is reasonable care (Schimmel, Stellman & Fischer, 2011).
500
A teacher teases a student, telling him his dog has died. The student suffers from mental anguish and suffering and was personally humiliated. The school is held liable for emotional injuries. This scenario is similar to what other Louisiana court case?
What is Spears v. Jefferson Parish Sch. Bd. 646 So.2d 1104 (La. App. 5th Div. 1994). In this case, a teacher told a Kindergarten boy that he had killed two of the boy's friends. Obviously, the boy was quite upset by hearing this and suffered from psychological problems after. The school district paid $117,658 for the emotional distress the student suffered (Schimmel, Stellman & Fischer, 2011).
500
A high school teacher know that one of her students has violent behavior. While acting out, the teacher leaves the room to get a cup of coffee. The violent student injures another student during this time. What court case shows that the teacher in this scenario could be liable?
What is Wilson v. Vestal Central School District, 34 A.D.3d 999 (N.Y. App. Div. 3d Dept. 2006). School officials knew that a student had negative feelings toward Adria Wilson. During lunch, the student pulled Wilson's chair out from behind her, causing injury. The court felt the school could have foreseen the instance. Teachers can be liable for injuries when they are aware that a student has aggressive tendencies (Schimmel, Stellman & Fischer, 2011).
500
In which Nebraska court case did a high school student injured herself in Shop II and was found to be guilty of contributory negligence?
What is Miles v. Sch. Dist. No. 138 of Cheyenne County, 281 N.W.2d 396 (Neb. 1979). Jodeen Miles had been taught by her shop instructor how to safely use the tools in class. He also gave each student a safety guide and gave them a safety exam. He had observed Miles use the machines in a safe manner. When the teen tried taking a piece of wood out of a machine in use, she lost two fingers. This was not safe to do and Jodeen should have known this. Miles sued the school but the court found she was guilty of contributatory negligence. This means that her negligence had a part in why the injury occurred. Her case was dismissed (Schimmel, Stellman & Fischer, 2011).
500
"A common-law theory which holds that since the state and its agencies are sovereign, they cannot be sued without their consent and should not be held liable for the negligence of their employees" (p.66).
What is governmental immunity
500
"a sincere intention to deal fairly with others."
What is good faith standard http://legal-dictionary.thefreedictionary.com/good+faith