Below are the Trial Brief s  prepared for us concerning our lawsuit against the Pasco School District, in behalf of our son, (a junior high student), Jared High.  Jared died by suicide on Sept. 29, 1998, as a consequence of a major depressive episode brought on by his violent beating and bullying at the hands of a known school bully in a school gymnasium.  This Lawsuit was settled on January 25th, 2003, after the Trial Brief was submitted (and 11 days before a School Levy vote).

If your child is being bullied, harassed, or emotionally damaged because of a bully(s), please take the time to read this Trial Brief so you can be more prepared to fight for the rights of your child within your Public School System.  You have permission to use these trial briefs as you consult with your attorney about the school-abuse and bullying your child is enduring.

PLAINTIFFS' TRIAL BRIEF &
FACTUAL BACKGROUND
TRIAL ISSUES
http://www.jaredstory.com/trial_brief01.html
By virtue of the special custodial relationship a school has over its students, a school district owes a duty to protect the pupils in its custody from dangers reasonably to be anticipated.

http://www.jaredstory.com/trial_brief02.html
Where the aggressive nature of a child is known to school authorities, proper supervision requires the taking of reasonable specific, appropriate procedures for the protection of other children from the potential for harm caused by such child's behavior.

http://www.jaredstory.com/trial_brief03.html
Jury Instructions: Was the District negligent in its investigation?  "The violation, if any, of a statute or administrative rule is not necessarily negligence, but may be considered by you as evidence in determining negligence."

http://www.jaredstory.com/trial_brief04.html (4, 5 & 7)
Has the District wrongfully destroyed evidence? - (Bully's) intentional tort of assault - A proximate cause of Jared High’s development of a major depressive psychological condition.

http://www.jaredstory.com/trial_brief06.html
Common law liability preserved provides: The parent or parents of any minor child under the age of eighteen years who is living with the parent or parents and who shall willfully or maliciously destroy or deface property, real or personal or mixed, or who shall willfully and maliciously inflict personal injury on another person, shall be liable to the owner of such property or to the person injured in a civil action at law for damages in an amount not to exceed five thousand dollars.

http://www.jaredstory.com/trial_brief08.html
In order for the conduct of parents in supervising their child to be actionable in tort, such conduct must rise to the level of willful and wanton misconduct; if it does not, then the doctrine of parental immunity precludes liability.

http://www.jaredstory.com/trial_brief09.html
The legislature added the language related to “loss of love and companionship” and “injury to or destruction of the parent-child relationship” in 1967.  The effect of that amendment was decided by the Supreme Court in Wilson v. Lund, ...where the issue was whether the deceased child’s mother could recover for her grief and mental anguish.

http://www.jaredstory.com/trial_brief10.html
The defendants may argue, however, that intentional conduct ...should be considered by the jury for purposes of fault allocation under R.C.W. 4.22.070.  It is clear that such allocation or comparison  would be improper. 

http://www.jaredstory.com/trial_brief11.html
It is not necessary that the sequence of events or the particular resultant occurrence be forseeable. It is only necessary that the resultant harm fall within the general field of danger which the defendant should reasonably have anticipated.
 

TRIAL ISSUES
http://www.jaredstory.com/trial_brief01.html
http://www.jaredstory.com/trial_brief02.html
http://www.jaredstory.com/trial_brief03.html
http://www.jaredstory.com/trial_brief04.html
http://www.jaredstory.com/trial_brief06.html
http://www.jaredstory.com/trial_brief08.html
http://www.jaredstory.com/trial_brief09.html
http://www.jaredstory.com/trial_brief10.html
http://www.jaredstory.com/trial_brief11.html

 

HIGH v. PASCO SCHOOL DISTRICT
The Lawsuit

PLAINTIFFS' TRIAL BRIEF & FACTUAL BACKGROUND
The Complaint for Damages
THE SETTLEMENT
The Rest of the Story
The Assault
Suicide - The Forseeable Consequences of Bullying
Why the Pasco School District wouldn't help Jared

Court Case about Videos on a bus & bullying

 

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About Depression

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Jared's Life

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