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HILARY DAVIS CASE1Hilary Davis CaseWendy NashLEG 107Introduction to Paralegal StudiesProfessor NotoStrayer UniversityMay 27, 2015
HILARY DAVIS CASE2MEMORANDUMTO: John MorrisFROM: Stan Cox AssociatesRE: NO: 24-1432 (Hilary v. Jones)DATE: 30, May 2015QUESTIONSAre school personnel supervising the conduct of students required to exercise the degree of carea person of ordinary prudence charged with comparable duties would exercise?ANSWERTo ensure students receive adequate protection from accidental injuries, the courts place upon school administrators and teachers a legal duty of care (obligation). This duty of care means schools must do everything reasonably possible to protect their students from foreseeable harm, injury, and death.This duty includes providing a safe environment for students. Authorities must repair or eliminate dangerous conditions in a timely way and make sure students receive proper supervision while they're on school grounds, on school-provided buses, and while they're off school grounds during school-sponsored, extracurricular activities.When a school fails to protect its students from foreseeable harm, the law says it acted negligently. A school's negligence makes it responsible, or liable, for the injured student's damages. Damages include the student's medical, chiropractic and therapy bills, out-of-pocket
HILARY DAVIS CASE3expenses for medications, crutches, slings, hospital parking lot fees, etc., lost wages (if the student had a part-time job), and for the student's (not the parents') pain and suffering.While in loco parentisdefines the general duties and responsibilities of a parent, it doesn't conclude whether an administrator or teacher failed in his or her responsibilities and whether thatfailure constitutes negligence. The courts determine negligence and resulting liability under the prudent teacher doctrine.The prudent teacher doctrine asks what a prudent teacher in the same school or at a similar school would do under the same circumstances that led to the student's injury. Did the teacher actprudently?To decide whether a bus driver (teacher) acted prudently, the courts take into account several factors:1.
Did the school have an overall plan of supervision and protection for the students?2.
Did the teacher use reasonable care to ensure the student wasn't injured?