Artifact #3 Tort and Liability

Artifact #3
Tort and Liability
Melissa Acevedo
College of Southern Nevada
April 27, 2016
Artifact #3 Tort and Liability

Ray Knight was fatally shot during time of his suspension from his middle school due to

various unexcused absences. During the time of Ray’s alleged suspension, the school did not

take the proper procedures for the suspension which resulted in Ray’s parents not being notified

of their child’s suspension, which they claim resulted in his death. The school did not take the

proper measures by failing to provide a written notice or phone call to make them aware of their

son’s suspension. The school took it upon themselves to give Ray the written note in which he

later threw away. Ray was fatally shot at his friend’s house on the first day of his suspension.

The first case I will be presenting in favor of Ray Knight will be Eisel vs. Board of

Education Montgomery. Nicole Eisel was a 13 year old middle school girl who had recently

gotten involved in Satanism, and began having suicidal/death related thoughts. She confided in

several friends and students about her suicidal thoughts. Several students reported the comments

made by Nicole to two school counselors. When school counselors confronted Nicole about the

comments she denied making comments of such sort. A week after bringing up the subject to

both the counselors and Nicole, Nicole committed suicide. In this case Nicole Eisel was too a

middle school student, whose death could have very well been prevented if the school had taken

the proper precautionary measures to notify the school administration. If the school would have

taken proper measures in reporting the suspected comments, her parents would have been made

aware. And, could have seek proper help to prevent Nicole’s actions which eventually lead to the

13 year olds death.

My second case in favor of Ray Knight is Mitchell vs. Cedar Rapids Community School

District. A mentally challenged student was sexually assaulted and shot at with a BB gun after

she left class with another classmate. Leeann Mitchell the student’s mother is suing the school
Artifact #3 Tort and Liability

district for failure to provide the proper care that her mentally challenge needed. In this case the

school failed to supervise her daughter and failed to notify her of the absence from class. The

school didn’t not follow proper procedure in notifying her of the absence and providing the

proper security that her daughter needed. The young girl’s school would have taken the proper

procedures the assault would have never happened.

In my next case I will be presenting will be in favor of the School District. In the case of

Mosley vs. Portland Public School District a student is suing the School district for failure to

provide proper supervision when she was involved in a fight at school. Chrisetta Mosley became

involved in a fight with another student. The other student pulled out a knife during the fight, and

stabbed Mosley in the face and several other parts of her body. Mosely suffered permanent

scares on her face and body from the aftermath of the fight. Mosley claims that the school failed

to prevent the weapon from entering the building and did not intervene before the knife was used

which could have prevented her injuries. The school district was not liable for the injuries

sustained by Mosley and her involvement in the fight. Mosley put herself in the situation in

which she sustained her injuries with her involvement in the fight. It was unfortunate that a

weapon of that sort was used, but it is the student’s responsibility to avoid confrontation with

other students.

The second case I would like to present in favor of the School District is the case of Lentz

vs. Morris. James Jeffrey Lentz a student at Kellam High school and his mother are suing his

former physical education teacher Jonny Morris for injuries Lentz sustained which playing tackle

football under the supervision of Morris. Lentz claims that under the supervision he played

tackle football without out being provided with any protective gear that would have prevented

the injuries sustained while playing. Lentz claimed that Morris knew the dangers and harm that
Artifact #3 Tort and Liability

could come from the activity and did not take any precautionary measures. Lentz mother is suing

Morris for medical expensive that accumulated for the treatment of her son’s injuries. Johnny

Morris was free of charge on negligence and the injuries that were sustained by Lentz. Morris

did not have the students participate in a dangerous activity. Lentz was aware as any other boy

would be that football is a rough sport. If he had any doubt in participating due to the safe factor

of the game he should have stated his concerns or stepped out of the game.

I rule in favor or Ray Knight. The school should have known better then to give a

suspension letter to a middle school kid. The school did not take the proper measures when it

came to contacting the student’s parents that would have made them aware that their son was on

suspension. If the school would have that the proper steps in notifying the parents Ray would

have most likely have not been allowed to go to the friend’s home where he was fatally shot. Ray

also chose to throw away the letter that was given to him that was intended to his parents, which

also added to the unfortunate event. The middle school is at fault for failing to provide the

suspension note, and or phone call to Ray Knight’s parents.

Artifact #3 Tort and Liability

References

Eisel v. Board of Education of Montgomery County Case Brief. (n.d.). Retrieved April 27, 2016,

from http://www.4lawschool.com/torts/eisel.shtml

FindLaw's Supreme Court of Iowa case and opinions. (n.d.). Retrieved April 27, 2016, from

http://caselaw.findlaw.com/ia-supreme-court/1635949.html

LENTZ v. MORRIS. (n.d.). Retrieved April 27, 2016, from

http://www.leagle.com/decision/1988980372SE2d608_1939/LENTZ v. MORRIS

MOSLEY v. PORTLAND SCHOOL DIST. NO. 1J. (n.d.). Retrieved April 27, 2016, from

http://www.leagle.com/decision/19921258843P2d415_11256/MOSLEY v. PORTLAND

SCHOOL DIST. NO. 1J

Underwood, J., & Webb, L. D. (2006). School law for teachers: Concepts and applications.

Upper Saddle River, NJ: Pearson/Merrill Prentice Hall.