Mary and John Parent have a 12 year old son in middle school in the Contra Costa
Question:
Mary and John Parent have a 12 year old son in middle school in the Contra Costa School District. The child "has a long standing formal diagnosis of Autism Spectrum Disorder, which impairs his social skills in that he has deficits in social interactions with peers.
The parents first reached out to school officials in January, 2022 with concerns that their child was being bullied. The parents wrote in an email that other students were telling the boy he was "ugly and a mistake."
The teasing escalated to violence at the beginning of Fall semester 2022 as students allegedly hit him in the face with a book, pushed him down and called him dumb face. The parents told school officials there was video of kids making fun of the child on the bus, and a student had posted a photo of him on Instagram & Facebook with a caption calling him an "(expletive) retard,"
On October 29, 2022 the parents took their child to a swimming lesson. They noticed large bruises on the boy's back and asked him about them. In a report to the Concord police, the boy said a group of eight to 10 students pushed him over a three-foot wall on the school playground the previous day.
1. What potential claims (and on what basis) may the parents pursue and against whom?
2. Explain the concept of Strict Liability and the rationale as to why this is a valid form of recovery.
3. List and explain the three major methods for valid service of a Summons & Complaint.
4. Explain the doctrine of Negligence Per Se.
South Western Federal Taxation 2014 Comprehensive Volume
ISBN: 9781285180922
37th Edition
Authors: William H. Hoffman, David M. Maloney, William A. Raabe, James C. Young