STOSHAK v. EAST BATON ROUGE PARISH SCHOOL

No. 2006 CA 0852.

959 So.2d 996 (2007)

John P. STOSHAK v. EAST BATON ROUGE PARISH SCHOOL BOARD.

Court of Appeal of Louisiana, First Circuit.

February 21, 2007.


Attorney(s) appearing for the Case

Yigal Bander, Baton Rouge, Counsel for Plaintiff/Appellant John P. Stoshak.

Douglas K. Foster, Karen D. Murphy, Baton Rouge, Counsel for Defendant/Appellee East Baton Rouge Parish School Board.

Before: PARRO, GUIDRY, and McCLENDON, JJ.


McCLENDON, J.

This appeal challenges a trial court's ruling that a teacher, who was struck by a punch thrown by one of two fighting students while he attempted to break up their fight, was not the victim of an "assault or battery by any student or person" and thus was not entitled to the highest level of sick leave benefits provided for in La. R.S. 17:1201(C). We reverse.

BACKGROUND

On August 20, 2004, John Stoshak, a teacher at Istrouma High School...

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