Parents of student assaulted by classmate can sue school

Law Reporter, Dec 2001

McClyde v. Archdiocese of Indianapolis, 752 N.E.2d 229 (Ind. Ct. App. 2001).

Here, McClyde, a seventh-grade student, was assaulted by J.C., a classmate, as the class was returning to its room after lunch. The teacher entered the room after the students and saw the attack but was unable to stop it. She sought help outside the classroom but, by the time the altercation was over, McClyde had suffered a broken nose and other facial injuries.

McClyde's parents, individually and on his behalf, sued the school, alleging that defendant breached its duty to exercise ordinary and reasonable care for their son's safety. The trial court granted defendant summary judgment.

Reversing, the appellate court cited case law examining a school's duty to protect its students. The state high court has held that what constitutes due care and adequate supervision depends largely on the circumstances. To establish defendant's liability in this case, the court said, plaintiffs had to demonstrate that (1) J.C. had a propensity, toward violence; (2) defendant or the teacher was aware of this propensity; (3) the teacher failed to adequately supervise the class; and (4) this failure gave J.C. the opportunity to attack McClyde, proximately causing his injuries.

Applying these factors here, the court noted that McClyde's mother, who worked at the school, had submitted an affidavit stating that (1) before the attack, school officials and employees knew that J.C. had a history of behavioral and emotional problems; (2) the children were under no supervision when the attack occurred; and (3) the teacher gave J.C. the opportunity to attack McClyde by placing herself at the end of the student line rather than in a position where she could observe J.C. inside the classroom. Therefore, the court found, the affidavit creates genuine issues of material fact.

Accordingly, the court remanded.

Plaintiffs' Counsel

William C. Potter II, Indianapolis, Ind.

*Audrey M. Bougard, Indianapolis, Ind.