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ROGERS v. CHRISTINA SCHOOL DIST.

No. 45, 2012.

73 A.3d 1 (2013)

Linda ROGERS and Frederick, Rogers, Husband and Wife, Individually, and as Administrators of the Estate of Roger L. Ellerbe, Jr., a minor; and Roger L. Ellerbe, Sr., Individually, Plaintiffs Below-Appellants, v. The CHRISTINA SCHOOL DISTRICT, an agency of the State of Delaware, Dr. Marcia V. Lyles, Individually and in her capacity as Superintendent, Curtis Bedford, Individually and in his capacity as Principal of Newark High School; Margette Finney, Individually, Holistic Family Services, Individually, Defendants Below-Appellees.

Supreme Court of Delaware.

Decided: July 16, 2013.

Attorney(s) appearing for the Case

Stephen B. Potter, Esquire , and Tiffany M. Shrenk, Esquire (argued), of Potter, Carmine & Associates, P.A., Wilmington, Delaware, for Appellants Linda Rogers, Frederick Rogers, Roger L. Ellerbe, Jr., and Roger L. Ellerbe, Sr.

Marc S. Casarino, Esquire (argued), and Sean A. Meluney, Esquire , of White and Williams, LLP, Wilmington, Delaware, for Appellees The Christina School District, Dr. Marcia V. Lyles and Curtis Bedford.

Gilbert F. Shelsby, Jr., Esquire , of Shelsby & Leoni, Wilmington, Delaware, for Appellees Margette Finney and Holistic Family Services.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS, and RIDGELY, Justices, constituting the Court en Banc.

RIDGELY, Justice:

A sixteen-year-old student at Newark High School explained in writing to a school counselor that, while at school the day before, he wanted to hurt himself and others and that he was feeling alone and unloved. He admitted to the counselor that he had actually attempted suicide just two days earlier.

After four hours with the student, the counselor decided the student was no longer suicidal and sent him back to class. She explained in an e...

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