Maria Mickens Green, Individually and as the Natural Tutrix of the Minors, Joshua Evans, Makiya Mickens, Vernon Evans, Jr., Makayla Evans, and Braxton Evans v. East Carroll Parish School District/Board

Summary

The Louisiana Court of Appeal, Second Circuit, affirmed summary judgment for the East Carroll Parish School District/Board in a negligence action brought by Maria Mickens Green after she fell while transferring her wheelchair-using son from her vehicle at school. The court held that the school board’s duty to provide special transportation under the child’s Individualized Education Program did not extend to preventing Green’s injury when she voluntarily transported him herself. The court also upheld dismissal of the child’s related personal-injury claim and assessed appeal costs to Green.

Holdings

1. The timing of service did not require reversal because the motion was timely filed, Green had notice and appeared at the hearing, and she demonstrated no hardship or prejudice.
2. Whether the school board notified Green that the wheelchair lift was not operating was not a material fact because Green ultimately elected to transport Joshua herself and that fact did not affect the legal basis of her claimed recovery.
3. The school board's duty under Joshua's IEP to provide special transportation did not extend to protecting Green from injury while she voluntarily transported Joshua in her personal vehicle.
4. Green could not prove that the school board's conduct was the cause-in-fact of her harm because her injury resulted from her own decision to transport and unload Joshua, not from a risk for which the school board's transportation duty provided protection.
5. Joshua's claim was properly dismissed because the school board was not at fault for Green's fall, and no remaining theory established liability for injuries resulting from that fall.

Questions Presented

1. Whether the timing of service of the school board's motion for summary judgment warranted reversal.
2. Whether the disputed fact of whether Green was notified that the wheelchair lift was inoperable was material to her negligence claim.
3. Whether the school board's duty to provide Joshua with special transportation and related services extended to protecting Green from injury while she voluntarily transported him in her personal vehicle.
4. Whether the record presented a genuine issue of material fact concerning the school board's negligence, causation, duty, or scope of duty.
5. Whether summary judgment properly dismissed Joshua's personal injury claim arising from Green's fall.

Disposition

affirmed