Professional Documents
Culture Documents
Artifact 3 1
Artifact 3 1
Artifact 3 1
Artifact # 3
Esmeralda Lopez
Artifact # 3
In the case Ray Knights v. The School District there is a need to find who is liable for the
events that occur that day. Ray Knight was a middle school student. He was suspended from
school for three days due to his unexcused absences. The policy of the school is to give a
telephone notification and a written notice to his parent. The school failed to follow their policy
and the only notice was given to Ray who threw it away. Ray then went to a friend’s house and
The cases in which a school is found liable for injuries are very tricky and is decide case
by case. In this case the school can argue that Ray assumed the risk of being out on the street.
Which he knowingly and voluntarily accepted the risk that makes him ineligible to receive any
kind of compensation for knowingly assuming the risk. As shown in MacNiven v East Hampton
Union Free School District (2009) where a student filed against the school for injuries he
received in a fight at school. The courts ruled in the favor of the school district. He “jumped in”
voluntarily participating in the fight. Which was the key reason the courts ruled in favor of the
school district. He knowingly took the risk to join the fight which then made the school not liable
for negligence. As did Ray when he voluntarily threw away the notification of his suspension to
give to his parents. Also by him knowingly taking the risk to go over to his friend’s house.
Another case that supports the school district is Collette v Tolleson Unified School
District(2002). This case was in favor of the school that they were not liable for something that
happen by a third party off school premises. In this a group of students left school during lunch.
On the return from their trip out to lunch at the mall they got in a car accident where three kids
died. The causation for this terrible event was not due to a teacher’s negligence so the school was
TORT AND LIABILITY 3
not liable. Such as ray terrible accident was not caused by a teacher negligence and it happen off
school property. These events happen through a third party the school had no control over.
On the other side ray parents have a compelling case against the school. The school
breached their duty to provide adequate supervision of the students. As in the case D.C. v Landry
Parish School Board (2001) where a student was sent home from school. On her way home she
was sexually assaulted. Her parents filed for negligence charges and won the school was found
liable for her injures. The School let her leave even though it is against school policies. The
school duty was to protect them from unreasonable risk. It was an unreasonable risk ray took
because the school suspended him a did not notify anybody other than ray.
Another case that help supports ray’s parents claim is Hoyem v. Manhattan Beach School
District (1977). In this case a 10-year-old boy who was attending summer school left school
early without permission. He was walking in a public intersection were a motorcycle hit him.
The courts ruled in favor of Hoyem. They proved that the injures were in cause of the school
negligence which in turn permitted the student to leave unsupervised. The school should of
exercise reasonable care and had been supervising the student. The rays school should have
provided reasonable care and made sure that his parents were notified about his suspension.
In this case I believe the court will rule in the favor of Ray Knight. As Hoyem v.
Manhattan Beach School District (1977) even though the events unfolded off school property
they are still required to provide reasonable care of Ray. The school district is held liable for not
being able to provide the care required to keep students safe. They also didn’t follow their own
policies of notifying his parent such as D.C. v Landy Parish School Board (2001). By this
D.C. v. ST. LANDRY PARISH SCHOOL BD., 802 So.2d 19 (2001). (n.d.). Retrieved
September 23, 2017
https://www.leagle.com/decision/2001821802so2d191819.xml
Moyem v. Manhattan Beach School District., 22 Cal.3d 508, 513 (1977). (n.d.). Retrieved
September 23, 2017
http://caselaw.findlaw.com/ca-court-of-appeal/1830843.html
MacNiven v East Hampton Union Free School Dist., 62 AD3d 760 (2009). (n.d.). Retrieved
September 23, 2017
http://law.justia.com/cases/new-york/appellate-division-second-department/2009/2009-
03873.html
Collette v Tolleson Unified School District., 1 CA-CV 01-0490 (2002). (n.d.). Retrieved
September 23, 2017
http://caselaw.findlaw.com/az-court-of-appeals/1291266.html
Underwood, Julie, and L. Dean. Webb. School Law for Teachers: Concepts and Applications.
Pearson/Merrill Prentice Hall, 2006.
TORT AND LIABILITY 5
Footnotes
1
[Add footnotes, if any, on their own page following references. For APA formatting
requirements, it’s easy to just type your own footnote references and notes. To format a footnote
reference, select the number and then, on the Home tab, in the Styles gallery, click Footnote
Reference. The body of a footnote, such as this example, uses the Normal text style. (Note: If
you delete this sample footnote, don’t forget to delete its in-text reference as well. That’s at the
end of the sample Heading 2 paragraph on the first page of body content in this template.)]
TORT AND LIABILITY 6
Tables
Table 1
[Table Title]
Column Head Column Head Column Head Column Head Column Head
Row Head 123 123 123 123
Row Head 456 456 456 456
Row Head 789 789 789 789
Row Head 123 123 123 123
Row Head 456 456 456 456
Row Head 789 789 789 789
Note: [Place all tables for your paper in a tables section, following references (and, if applicable,
footnotes). Start a new page for each table, include a table number and table title for each, as
shown on this page. All explanatory text appears in a table note that follows the table, such as
this one. Use the Table/Figure style, available on the Home tab, in the Styles gallery, to get the
spacing between table and note. Tables in APA format can use single or 1.5 line spacing.
Include a heading for every row and column, even if the content seems obvious. A default table
style has been setup for this template that fits APA guidelines. To insert a table, on the Insert tab,
click Table.]
TORT AND LIABILITY 7
Figures title:
0
Category 1 Category 2 Category 3 Category 4
Figure 1. [Include all figures in their own section, following references (and footnotes and tables,
if applicable). Include a numbered caption for each figure. Use the Table/Figure style for easy
For more information about all elements of APA formatting, please consult the APA Style