Legal Opinion

Stoshak v. East Baton Rouge Parish School Board

Louisiana Court of Appeal

Decided February 21, 2007No. 2006 CA 0852PublishedCited by 1 opinion

1Opinion of the Court

McClendon, j.

| gThis appeal challenges a trial court’s ruling that a teacher, who was struck by a punch thrown by one of two fighting students while he attempted to break up their fight, was not the victim of an “assault or battery by any student or person” and thus was not entitled to the highest level of sick leave benefits provided for in La. R.S. 17:1201(C). We reverse.

BACKGROUND

On August 20, 2004, John Stoshak, a teacher at Istrouma High School in Baton Rouge, was injured when he attempted to break up a fight between two of his students. During the course of the students’ fistfight, one…

2Cases cited6 opinions

  1. Caudle v. BettsSupreme Court of Louisiana · 1987
  2. Fontenot v. Reddell Vidrine Water Dist.Supreme Court of Louisiana · 2003
  3. Boseman v. Orleans Parish School Bd.Louisiana Court of Appeal · 1999
  4. State v. P.M.Louisiana Court of Appeal · 2001
  5. State v. DruilhetLouisiana Court of Appeal · 1998

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3Cited by1 opinion

  1. Neathamer v. SingletonLouisiana Court of Appeal · 2015

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