BREAZEALE v. T.T.

No. 2012 CA 1703.

117 So.3d 192 (2013)

Denise BREAZEALE and Thomas Breazeale, individually, and on behalf of the Minor Child, Thomas Breazeale, Jr. v. T.T. and C.T., individually, and as Parents and Legal Guardian of J.T., and ABC Insurance Company.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied June 28, 2013.


Attorney(s) appearing for the Case

Allain F. Hardin , Eric M. Daigle , New Orleans, LA, for Plaintiffs-1st Appellants, Denise Breazeale and Thomas Breazeale, individually, and on behalf of the minor child, Thomas Breazeale, Jr.

Wayne R. Maldonado , Matthew J. Ungarino , Albert D. Giraud , Metairie, LA, Michael J. Bourquard , Slidell, LA, for Defendants-Appellees, T.T. and C.T., individually, and as parents and legal guardian of J.T.

David S. Pittman , Harry P. Pastuszek, Jr. , Faith E. Richard , Covington, LA, for Intervenor-2nd Appellant, St. Tammany Parish School Board.

Walker K. Jamison, III , Marjorie B. Breaux , Lafayette, LA, for Defendant-Appellee, Bankers Specialty Insurance Company.

Before: WHIPPLE, C.J., McCLENDON, and HIGGINBOTHAM, JJ.


HIGGINBOTHAM, J.

This is an action for personal injuries sustained by a special-education teacher, who was allegedly attacked by a ten-year-old special-education student.2 The teacher seeks recovery for the negligent and intentional acts of the minor child's parents and the minor, for whom the parents are vicariously liable. The trial court granted summary judgment in favor of the parents' homeowner's insurer based upon an intentional...

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