Cadorette v. Sumner County Board of Education
Tennessee Court of Appeals
1996 Tenn. App. LEXIS 239 (1996)
- Written by Meagan Anglin, JD
Facts
Todd Cadorette (plaintiff) was a student in Vicky Yeary’s art class. Ms. Yeary was employed by the Sumner County Board of Education (the school board) (defendant). During her art class, Ms. Yeary asked for a volunteer to stand on a table four feet high and model for the class. Cadorette volunteered. Cadorette stood on the table for about 10 minutes before he fainted and fell off the desk, injuring his head. Cadorette brought suit against the school board, which was Ms. Yeary’s employer, for negligence. During the trial, Ms. Yeary testified that she had used student volunteers in this manner for many years. She further testified that no child had ever fallen prior to this incident. The trial court conducted a bench trial, and the court found the teacher’s conduct was not negligent and therefore the school board was not negligent because the accident was not foreseeable. Cadorette appealed.
Rule of Law
Issue
Holding and Reasoning (Lewis, J.)
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