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lawsuittortnegligence
lawsuittortnegligence

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McDonald v. Terrebonne Parish School Bd., 253 So.2d 558

Facts

On January 19, 1966, Gordon Steve McDonald and Larry Wayne Pledger, both ten years old and students in a special education class at Schriever Elementary School, were involved in an altercation during a 'rainy day' schedule where students played in classrooms. The teacher briefly left the classroom, during which time a scuffle broke out between the two boys. Pledger, feeling threatened by McDonald, threw a broom at him, resulting in McDonald being struck in the eye and losing its sight. The father of McDonald subsequently filed a lawsuit against the school board, the teacher, and others, alleging negligence.

On January 19, 1966, Gordon Steve McDonald and Larry Wayne Pledger, both ten years old and students in a special education class at Schriever Elementary School, were involved in an altercation during a 'rainy day' schedule where students played in classrooms. The teacher briefly left the classroom, during which time a scuffle broke out between the two boys. Pledger, feeling threatened by McDonald, threw a broom at him, resulting in McDonald being struck in the eye and losing its sight. The father of McDonald subsequently filed a lawsuit against the school board, the teacher, and others, alleging negligence.

Issue

Did the actions of Larry Pledger constitute excessive force in self-defense, and was there negligence on the part of the school board or its employees?

Did the actions of Larry Pledger constitute excessive force in self-defense, and was there negligence on the part of the school board or its employees?

Rule

A person has the right to protect themselves in an altercation if they reasonably believe they are in danger of bodily harm, but the retaliation must be proportional to the threat faced. Additionally, parents are only liable for the torts of their minor children if the child’s actions constitute an offense or quasi-offense.

A person has the right to protect themselves in an altercation if they reasonably believe they are in danger of bodily harm, but the retaliation must be proportional to the threat faced. Additionally, parents are only liable for the torts of their minor children if the child’s actions constitute an offense or quasi-offense.

Analysis

The court determined that McDonald was the aggressor in the situation, having deliberately interfered in Pledger's game and followed him into the hallway despite being warned. Pledger's act of throwing the broom was deemed a reasonable response to protect himself from McDonald, who had a history of intimidating behavior. The court found that Pledger's actions did not amount to excessive force, as they were a proportional response to the perceived threat from McDonald.

The court determined that McDonald was the aggressor in the situation, having deliberately interfered in Pledger's game and followed him into the hallway despite being warned. Pledger's act of throwing the broom was deemed a reasonable response to protect himself from McDonald, who had a history of intimidating behavior. The court found that Pledger's actions did not amount to excessive force, as they were a proportional response to the perceived threat from McDonald.

Conclusion

The court affirmed the lower court's judgment, ruling that McDonald was the aggressor and that Pledger's actions were justified in self-defense. Therefore, the claims against Pledger, his father, and the school board were dismissed.

The court affirmed the lower court's judgment, ruling that McDonald was the aggressor and that Pledger's actions were justified in self-defense. Therefore, the claims against Pledger, his father, and the school board were dismissed.

Who won?

Larry Wayne Pledger and the Terrebonne Parish School Board prevailed in the case because the court found that McDonald was the aggressor and that Pledger's actions were a reasonable act of self-defense.

Larry Wayne Pledger and the Terrebonne Parish School Board prevailed in the case because the court found that McDonald was the aggressor and that Pledger's actions were a reasonable act of self-defense.

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