Robinson v. Jefferson Parish School Bd., 08-CA-1224.

• Decision Date: 07 April 2009
• Docket Number: No. 08-CA-1225.,No. 08-CA-1224.,08-CA-1224.,08-CA-1225.
• Citation: 9 So.3d 1035
• Parties: Demetris ROBINSON, Individually and on Behalf of Her Deceased Son, Rayvon Robinson v. JEFFERSON PARISH SCHOOL BOARD, Southern Baptist Camping Association, Tall Timbers Baptist Conference Center and Sam White c/w Raynell Bailey, Individually and on Behalf Of His Deceased Son, Rayvon Robinson v. Jefferson Parish School Board, Southern Baptist Camping Association, Tall Timbers Baptist Conference Center and Sam White.
• Court: Court of Appeal of Louisiana — District of US

9 So.3d 1035

Demetris ROBINSON, Individually and on Behalf of Her Deceased Son, Rayvon Robinson v. JEFFERSON PARISH SCHOOL BOARD, Southern Baptist Camping Association, Tall Timbers Baptist Conference Center and Sam White c/w

Raynell Bailey, Individually and on Behalf Of His Deceased Son, Rayvon Robinson v. Jefferson Parish School Board, Southern Baptist Camping Association, Tall Timbers Baptist Conference Center and Sam White.

No. 08-CA-1224.

No. 08-CA-1225.

Court of Appeal of Louisiana, Fifth Circuit.

April 7, 2009.

Rehearing Denied April 29, 2009.

Lionel H. Sutton, III, Attorney at Law, New Orleans, LA, for Plaintiff/2^nd Appellant.

Marc E. Johnson, Attorney at Law, Kenner, LA, for Plaintiff/Appellant.

Michael G. Fanning, Attorney at Law, Gretna, LA, for Defendant/Appellee.

James M. Benson, Attorney at Law, Lakeway Two Metairie, LA, for Defendant/Appellee.

Panel composed of Judges CLARENCE E. McMANUS, FREDERICKA HOMBERG WICKER, and JEROME M. WINSBERG, Pro Tempore.

FREDERICKA HOMBERG WICKER, Judge.

In these consolidated wrongful death and survival action proceedings, the parents of a 20-year-old son have appealed the granting of a summary judgment. Tragically, their son drowned in a lake during a high school ROTC camping trip. Demetris Robinson (the mother), and Raynel Bailey (the father) individually and on behalf of their deceased son Rayvon Robinson filed separate petitions for damages against defendants/appellees Jefferson Parish School Board, Southern Baptist Camping Association,¹ Tall Timbers Baptist Conference Center and Sam White. The cases were allotted to different divisions of the District Court but the father's case was later transferred and consolidated with the mother's case. The plaintiffs alleged that the defendants were negligent in several respects, including failure to adequately supervise Rayvon, failure to perform a timely and adequate search, failure to train employees or agents in proper supervision of campers and students; failure to timely notify authorities of the disappearance; failure to adequately provide for Rayvon's safety; and creating or allowing hazardous conditions to exist. The father sought additional punitive and exemplary damages. The key issues in this case are: (1) Are Tall Timbers and Sam White immune from liability pursuant to the Recreational Use Statutes? (2) Did Jefferson Parish School Board breach its duty of reasonable care? Finding that there are no genuine issues as to material fact concerning these issues, we affirm.

Facts

It is undisputed that on March 17, 2006, Rayvon, a Jefferson Parish Bonnabel High School Student, attended a ROTC trip at the Tall Timbers Baptist Conference Center in Woodworth, Louisiana. Riverdale High School ROTC's Colonel James T. Webb arranged the trip. The next morning on March 18, 2006, Colonel Webb discovered that Rayvon was missing. Approximately 10 days later, his body was found in the lake. He was clothed and his boots were on. Approximately one year later, his cell phone and wallet were discovered near the lake. At the time, Rayvon was age 20.

Sam White and Tall Timbers filed a motion for summary judgment as did Jefferson Parish School Board. In support of its motion for summary judgment, Sam White and Tall Timbers relied on Mr. White's affidavit and Colonel James T. Webb's deposition. Jefferson Parish School Board relied on the Webb deposition, the autopsy report, and Ms. Robinson's deposition.

According to the March 29, 2006 autopsy report, Rayvon died on March 28, 2006 as a result of asphyxia due to accidental drowning. No significant injuries were present.

In his affidavit, Mr. White averred that he is the director of Tall Timbers Baptist Conference Center. He stated that Tall Timbers is a 123-acre facility that is adjacent to a portion of the Kisatchie National Forest in Rapides Parish. It has lodges and cabins with rooms to accommodate up to 400 people. It also has a dining facility, a swimming pool, an activity center, and a "ropes course." Most of the remainder of the grounds is heavily wooded except for a lake, which is about ten acres in size.

Mr. White described the relationship between Tall Timbers and the Louisiana Baptist Convention. He stated that Tall Timbers is owned and comes under the umbrella of the Executive Board of the Louisiana Baptist Convention. Tall Timbers is heavily subsidized by the Executive Board. Tall Timbers' mission is to provide people with the type of atmosphere they desire as they seek God's will and the peace that He promises.

According to Mr. White, Tall Timbers operates at a substantial loss, which is made up through an annual subsidy provided by the Convention. For the years 2005 through 2007, Tall Timbers received subsidies from the Convention that ranged from $131,930.76 to $271,041.96.

Mr. White averred that at the time of this accident, Tall Timbers had 11 full time employees, and several part time employees, with the number depending upon the time of year. These employees operated the facility, but were not directly involved with any activity of visiting groups except for the facility's "rope course," swimming pool, or pedal boats. Tall Timbers was not involved in any of the ROTC group's activities prior to Rayvon's disappearance. No one from Tall Timbers approved, participated in, or chaperoned any ROTC activity before Rayvon's disappearance.

Mr. White described the events that followed Rayvon's disappearance. He averred that Kevin Tichey, a maintenance worker at Tall Timbers, called Mr. White at 7:30 a.m. on March 19, 2006, and told him that Rayvon was missing. Two Tall Timbers' performed a search of the buildings while Mr. White was enroute to Tall Timbers. When one of the employees reported that all of the buildings had been searched, that the ROTC members had searched all of the tents and areas where they had conducted activities the night before, and that Rayvon had not been found, Mr. White immediately called 9-1-1.

Mr. White stated that a sheriffs deputy arrived at approximately 9:30 a.m. Thereafter, a search team searched the grounds. The search ended at dusk on the March 19th and resumed at sunrise on the 20th. Detective Gary Bradford called off the search at 11:00 a.m. on Sunday, the 20th, stating his belief that Rayvon had simply left the grounds in an attempt to get to Jackson, Mississippi, to visit his girlfriend.

According to Mr. White, on March 28, 2006, Tall Timbers maintenance Manager, Glen Smith, saw Rayvon's body floating in the water near the north bank. Mr. Smith contacted Mr. White and Mr. White immediately called 9-1-1. The sheriffs department removed the body from the water. Rayvon was wearing his ROTC T-shirt, camouflage pants, and boots. Neither Mr. White nor anyone at Tall Timbers knows how or why Rayvon entered the lake on March 18 or 19, 2006. More than a year after Rayvon's death, maintenance workers trimming the perimeter of the lake found Rayvon's wallet and cell phone on the bank of the south side of the lake.

Colonel Webb testified in his 2007 deposition that for approximately three years, he had been a senior Air Force instructor at Riverdale High School, which is within the Jefferson Parish school system. Before that, he had been employed by the St. Charles Parish school system approximately 11 years in that capacity. After his 1993 military service retirement, he had taken over the ROTC program in St. Charles Parish. Colonel Webb explained that as a ROTC instructor, he was employed as a teacher within the state system.

He testified that students became eligible for ROTC when they entered the ninth grade. ROTC students were required to take courses in the ROTC curriculum. All other activities, such as field trips after school and on the weekend, however, were voluntary.

Colonel Webb stated that one such outside activity was "snake school." This was the activity that took place at Tall Timbers. Although this was the first time they had conducted a "snake school" at Tall Timbers, this was not the first time they had conducted "snake school." Colonel Webb testified that he conducted the "snake school" program for approximately nine years at Destrehan High School. Before the Tall Timbers' trip, he had also previously conducted the program in Jefferson Parish at other facilities.

He testified that his principal coordinates the offer of the "snake school" program to other schools in the school system. Two to three months before they went to Tall Timbers, Sergeant Whitener surveyed the location. Based on Sergeant Whitener's recommendation, they decided to conduct the "snake school" at Tall Timbers. The Colonel stated that he had never visited the site before actually arriving for "snake school" although he occasionally spoke with someone at Tall Timbers to discuss some details.

Colonel Webb stated that he believed he had 12 chaperones for the trip consisting of four National Guard members, five parents, and three instructors. Sixty-eight students from four high schools, including Riverdale and Bonnabel, attended the "snake school."

Colonel Webb testified that Tall Timbers was required to meet basic requirements in order to meet their needs in conducting a "snake school." These needs consisted of some manner in which to feed the students, two separate camping areas, a low ropes course, and a high ropes course. Details of the "snake school" activities were spelled out in a contract that they signed with Tall Timbers. The contract had details regarding ropes, camping requirements, and the dining facility.

He stated that the "snake school" required two campsites because students were divided into two squadrons: the Alpha squadron and the Bravo squadron. He explained that there was a competition to capture the other squadron's flag.

Colonel Webb testified that basically Tall Timbers was not part of the "snake school" activities although the ropes' instructors were arranged through Tall Timbers. However, he did not think...