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DURHAM v. STATE THROUGH DEPT. OF EDUC.

No. 93-1627.

638 So.2d 1129 (1994)

Lynda F. DURHAM, Plaintiff-Appellee, v. STATE of Louisiana THROUGH the DEPARTMENT OF EDUCATION, et al., Defendants-Appellants.

Court of Appeal of Louisiana, Third Circuit.

June 22, 1994.

Attorney(s) appearing for the Case

Charles K. Charrier, Alexandria, for Lynda F. Durham et vir.

Allan Dale Smith, David A. Johnson, Ball, for State of La. through Dept. of Educ.

George Carnal Gaiennie, III, Alexandria, for Rapides Parish School Bd.

Before KNOLL, COOKS, DECUIR and THIBODEAUX, JJ., and CULPEPPER, J. Pro Tem.

WILLIAM A. CULPEPPER, Judge Pro Tem.

This is a tort action by Lynda F. Durham against the State of Louisiana, Department of Education. Mrs. Durham, a special education teacher's aide employed by the Rapides Parish School Board, was assisting a profoundly retarded student in an adapted aquatics class being taught in a swimming pool. She injured her back when she lunged to grab the student, who had begun struggling in the water. The trial court awarded Mrs. Durham ...

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