Lafayette Parish School Board Found Liable for School Bus Wrongful Death Lawsuit

When a school bus accident results in a fatality, the legal path to recovery is significantly different than a standard car wreck. The case against the Lafayette Parish School Board serves as a vital lesson in how Louisiana courts apply the “Highest Duty of Care” standard to public entities and how wrongful death damages are calculated in a bench trial.

Losing a child is always an extremely difficult experience for a parent to go through, and it is even more difficult when the death is a result of negligence. Normally when negligence occurs, the parents bring forth a wrongful death lawsuit against the negligent party.

On March 14, 2011, six-year-old La’Derion Miller tragically passed away following a school bus accident when La’Derion attempted to board the school bus and the bus door closed on his arm. Unfortunately, La’Derion could not free himself and he tripped and fell on the road, where he was run over by the bus. As a result of the accident, La’Derion’s parents, Marcus Miller, and Heather Jagnauex, filed separate wrongful death lawsuits naming Harold Thibeaux (the bus driver), Lafayette Parish School Board, and American Alternative Insurance Corporation as defendants. Ms. Jagnaeux and Mr. Miller claimed their son died as a result of the defendants’ negligence. Learn more about the Highest Duty of Care required for school bus drivers in Louisiana.

The Incident: A Failure of the Common Carrier Duty

In this Lafayette case, a tragic collision led to a wrongful death claim. Because the school bus is a Common Carrier, the burden was on the School Board to prove that the driver was 100% free from fault. In Louisiana, if a passenger is injured or killed, there is a legal presumption of negligence. The court found that the bus driver failed to maintain the rigorous safety standards required for transporting students.

Mr. Miller’s and Ms. Jagnauex’s separate lawsuits were consolidated for trial. Ms. Jagneaux ended up settling outside of court for $275,000 and subsequently dropped from the case. At trial, the trial court ruled in favor of Mr. Miller awarding him $50,000 in damages for his survival action, $250,000 in damages for his wrongful death claim, and court costs. The defendants disagreed with the trial court’s decision and appealed the decision to the Louisiana Supreme Court.

Damages in consolidated cases like these are statutorily capped at $500,000. La.R.S. 13:5106. On appeal, the defendants asserted that any damaged awarded to Mr. Miller should be reduced to $225,000 from $300,000 because of the statutory cap, and they also questioned Mr. Miller’s paternity of La’Derion. As a result, the Supreme Court ordered these issues to be solved by the Third Circuit Court of Appeal of the State of Louisiana on appeal. See how we protect high damage awards from being lowered on appeal under the ‘much discretion’ standard.

The Bench Trial: Why There Was No Jury

Under La. R.S. 13:5105, a suit against a political subdivision (like a Parish School Board) is typically tried by a judge rather than a jury. This “Bench Trial” format changes the strategy of the case:

• Expert Testimony: Judges often lean heavily on technical experts regarding bus maintenance and accident reconstruction.
• Legal Precision: The judge must issue “Findings of Fact” and “Conclusions of Law,” which provides a clearer roadmap for potential appeals.

The Third Circuit Court of Appeal found Mr. Miller to have adequately established paternity for the purposes of the wrongful death and survival claims. However, the statutory cap on damages was a far more complicated issue. Mr. Miller argued the defendants should have the pay the full amount awarded to him because action was being taken specifically against the bus driver, Mr. Thibeaux, which is allowed under La.R.S. 17:439(D). Moreover, La.R.S. 17:416.4 requires the Lafayette Parish School Board to secure Mr. Thibeaux against legal responsibility for his actions.

This argument attempted to remove Mr. Thibeaux’s liability as a government employee, and therefore removing the statutory cap provided in La.R.S. 13:5106.  The defendants asserted that the trial court was wrong to conclude that the statutory cap did not apply to Mr. Millers claims and that the statutory cap is applicable in both Mr. Miller’s and Ms. Jagneaux’s wrongful death and survival claims. The defendants insisted that the exceptions Mr. Miller brought forth are not applicable to this case. Vicarious liability is a tricky issue to face, as shown in our guide.

The Court ruled in favor of the defendants declaring that the max amount of damages that can be awarded to Mr. Miller are subject to the single $500,000 statutory cap provided by La.R.S. 13:5106. However, the Third Circuit Court of Appeals of the State of Louisiana decided that a lower level court should decide what damages need to be reduced so Mr. Miller does not receive more than is allowed in the statutory cap, after considering the amounts already paid to Ms. Jagneaux. In cases involving 18 wheelers see how to maximize the damage awards in our guide to insurance coverage in semi truck accidents.

Wrongful Death vs. Survival Actions

In this case, the court had to determine damages for two distinct claims:

1. The Survival Action: Damages for the pain and suffering the victim experienced before they passed away.
2. The Wrongful Death Action: Damages for the loss of love, affection, and financial support suffered by the surviving family members.

Despite the statutory caps on general damages against government entities (La. R.S. 13:5106), the court awarded significant sums to reflect the magnitude of the loss. Wrongful death claims against government entities require a specific litigation roadmap. To see how we navigate these bench trials and damage caps, visit our Louisiana Truck Accident Lawyer Practice Hub.

Holding the Lafayette Parish School Board Accountable

Suing a school board requires navigating strict notice requirements and governmental immunity traps. This case proves that while the government has certain protections, they are not immune from the consequences of negligence when a child’s safety is compromised.Overall, this was a tragic case which showed the complexities of the Louisiana civil law system, and how having an experienced attorney by your side helps in difficult legal situations. Evidence is critical in these cases, as shown in our guide to black box data and other evidence in 18 wheeler accidents. 

Additional Sources: MARCUS MILLER VERSES HAROLD THIBEAUX, ET AL.

Written by Berniard Law Firm Blog

Additional Berniard Law Firm Articles on Louisiana Wrongful Death Suits: Biological Father Denied Claim in Son’s Louisiana Wrongful Death Lawsuit