Case Analysis : Foster V. Houston General Insurance Company

Decent Essays

Megan Rojo
Mr. Clay Hendrix
Harding University

Legal Brief #1
Foster v. Houston General Insurance Company, La.App., 407 So.2d 759 (1982) Date Argued
January 18, 1982 Date Decided
January 29, 1982 Topic
Teacher Liability

Facts of the Case Robert Foster was killed while under the supervision of two teachers, defendants Inez Grant and Lloyd Gray. His mother, Helen Foster filed a lawsuit against the school her son attended, Morehouse Educational Development Center (MEDC). Foster was a member of the school basketball team for the special olympics. The special olympics was a school activity. The teachers planned practice to be held at a park. The park was three blocks away so the teachers decided to walk rather than get a bus for the boys. Gray took the team to Dotson Park alone and Grant followed in a car. While they were walking to the park, Foster dashed out into the street, ran between two stopped cars and fell on the ground. Foster was run over by an oncoming car and suffered serious injuries and died from three days later.

Ruling or Holding The judge ruled that "Grant was negligent because of her failure to provide other transportation, her failure to supervise, her negligent choice of route to the park and her failure to adequately instruct the students." In addition, the judge that "Gray was negligent by virtue of his failure to provide alternate transportation, his failure to wait for Grant before undertaking the trip, his failure to

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