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Keywords

tortplaintiffnegligenceliabilityappealtrialtestimonyhearsay
tortappealtrialtestimonyhearsay

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Stevens by Stevens v. Des Moines Independent Community School Dist., 528 N.W.2d 117, 98 Ed. Law Rep. 364

Facts

Danny Stevens was assaulted by Shawn Harris at a middle school in Des Moines. The incident occurred after Harris mistakenly believed Stevens was related to another student who had previously struck him. The school had a record of aggressive behavior by Harris, and the Stevens family alleged that the school failed to warn them of Harris's violent nature and did not provide adequate supervision in the hallways. The jury found the school negligent but concluded that its negligence was not the proximate cause of Stevens' injuries.

Danny Stevens was assaulted by Shawn Harris at a middle school in Des Moines. The incident occurred after Harris mistakenly believed Stevens was related to another student who had previously struck him.

Issue

Whether the district court erred in giving a jury instruction on superseding cause and whether the teacher's testimony regarding what other students said was admissible under the excited utterance exception to the hearsay rule.

Whether the district court erred in giving a jury instruction on superseding cause and whether the teacher's testimony regarding what other students said was admissible under the excited utterance exception to the hearsay rule.

Rule

The general rule on superseding cause states that the act of a third person committing an intentional tort or crime is a superseding cause of harm unless the actor realized or should have realized the likelihood that such a situation might be created. However, if the likelihood of a third person acting in a particular manner is one of the hazards that makes the actor negligent, such an act does not prevent the actor from being liable for harm caused.

The general rule on superseding cause states that the act of a third person committing an intentional tort or crime is a superseding cause of harm unless the actor realized or should have realized the likelihood that such a situation might be created.

Analysis

The court determined that the instruction given to the jury regarding superseding cause was inappropriate given the facts of the case. The plaintiffs' claim centered on the school's duty to control students and supervise the premises. The court emphasized that the assault on Stevens was a foreseeable risk that the school had a duty to guard against, and thus the school could not escape liability by claiming the assault was a superseding cause.

The court determined that the instruction given to the jury regarding superseding cause was inappropriate given the facts of the case.

Conclusion

The Supreme Court reversed the district court's judgment and remanded the case for a new trial, concluding that the jury instruction on superseding cause was a reversible error.

The Supreme Court reversed the district court's judgment and remanded the case for a new trial, concluding that the jury instruction on superseding cause was a reversible error.

Who won?

Danny Stevens prevailed in the appeal because the Supreme Court found that the jury was improperly instructed regarding the superseding cause, which affected the outcome of the case.

Danny Stevens prevailed in the appeal because the Supreme Court found that the jury was improperly instructed regarding the superseding cause, which affected the outcome of the case.

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