Eisel v. Board of Education of Montgomery County
597 A.2d 447 (Md. 1991)
Tort Law
PROCEDURAL HISTORY: Plaintiff father appealed the judgment of the Circuit Court for Montgomery County (Maryland), which held that defendants, school counselors and board of education (board), were not liable for the wrongful death of his daughter because the board and the counselors had no duty to prevent the suicide of the father's daughter.
FACTS:
- Classmates of the father's daughter allegedly informed school counselors of the daughter's intention to commit suicide.
-The counselors did not inform the father of the alleged statements pertaining to the daughter's intention to commit suicide.
-The daughter committed suicide, and the father brought an action seeking to hold the counselors and the board of education liable for the wrongful death of his daughter.
-The lower court entered judgment for the counselors and the board of education holding that they had no duty to intervene to prevent the daughter's suicide.
HOLDING:
-The upper court reversed and remanded and held that the daughter's death was foreseeable. -Assuming the truth of the father's allegations, the court ruled that school counselors had a duty to use reasonable means to attempt to prevent the suicide because they were on notice of the daughter's suicidal intent.
ANALYSIS:
Because the counselors and the board had the potential to successfully intervene, the court held that the daughter's suicide was not a superseding cause that exculpated the board and the counselors from liability.
OUTCOME:
The court reversed the judgment of the lower court, which held that the school counselors and the board of education did not have any duty to prevent the suicide of the father's daughter.
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597 A.2d 447 (Md. 1991)
Tort Law
PROCEDURAL HISTORY: Plaintiff father appealed the judgment of the Circuit Court for Montgomery County (Maryland), which held that defendants, school counselors and board of education (board), were not liable for the wrongful death of his daughter because the board and the counselors had no duty to prevent the suicide of the father's daughter.
FACTS:
- Classmates of the father's daughter allegedly informed school counselors of the daughter's intention to commit suicide.
-The counselors did not inform the father of the alleged statements pertaining to the daughter's intention to commit suicide.
-The daughter committed suicide, and the father brought an action seeking to hold the counselors and the board of education liable for the wrongful death of his daughter.
-The lower court entered judgment for the counselors and the board of education holding that they had no duty to intervene to prevent the daughter's suicide.
HOLDING:
-The upper court reversed and remanded and held that the daughter's death was foreseeable. -Assuming the truth of the father's allegations, the court ruled that school counselors had a duty to use reasonable means to attempt to prevent the suicide because they were on notice of the daughter's suicidal intent.
ANALYSIS:
Because the counselors and the board had the potential to successfully intervene, the court held that the daughter's suicide was not a superseding cause that exculpated the board and the counselors from liability.
OUTCOME:
The court reversed the judgment of the lower court, which held that the school counselors and the board of education did not have any duty to prevent the suicide of the father's daughter.
---
Interested in learning how to get the top grades in your law school classes? Want to learn how to study smarter than your competition? Interested in transferring to a high ranked school?
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