# S.J. v. Lafayette Parish School Board

> Louisiana Court of Appeal · September 9, 2009 · 16 So. 3d 615

URL: https://www.frixlaw.com/law-library/cases/9652701

## Case

- **Full name:** S.J. Et Al. v. LAFAYETTE PARISH SCHOOL BOARD
- **Court:** Louisiana Court of Appeal
- **Decided:** September 9, 2009
- **Citations:** 16 So. 3d 615; 2009 WL 2244099
- **Precedential status:** Published
- **Opinion:** Dissent by Thibodeaux
- **Judges:** Cooks, Gene, Gremillion, Jimmie, John, Peters, Saunders, Sylvia, Thibodeaux, Ulysses
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Reversed on other grounds by S.J. v. Lafayette Parish School Board, 41 So. 3d 1119 (2010).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9652701

## Opinion text

THIBODEAUX, Chief Judge,
dissenting for additional reasons.
U dissent for the reasons expressed by-Judge Peters and for this additional reason. It is axiomatic that under Louisiana’s duty-risk analysis, a plaintiff has to prove five elements: duty; breach of duty; cause-in-fact; legal cause; and, damages. Legal cause focuses on whether a defendant owed a duty to this plaintiff under these circumstances. Even assuming the existence of a duty, did the duty of the Lafayette Parish School Board extend to protect C.C. and S.J. from the harm they allegedly suffered from the alleged occurrence, i.e., rape? See Hill v. Lundin & Assocs., Inc., 260 La. 542 , 256 So.2d 620 (1972). It really boils down to a test of foreseeability. In my view, legal cause simply does not exist in this case.
I, therefore, dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9652701. Public record. Not legal advice.