PLAIN DEALING, LA (KSLA) - A Bossier family saw victory in court for a second time Monday morning after suing the Bossier Parish School Board for negligence, but their battle is far from over with the BPSB vowing to file an appeal.
In 2013, the Brammer family sued the Bossier Parish School Board, claiming school leaders at a Plain Dealing elementary school failed to head off a playground fight that happened the year before in 2012 when their son was 10-years-old. The family says the child's arm was broken after being attacked by 3 other students.
A jury sided with the family in September of 2014 and ordered the district to pay the Brammer family $162,674.13 in damages and losses plus $4,110.50 in costs, totaling the amount owed to $166,784.63. According to McKneely, the BPSB's insurance will not cover the first $100,000.00, meaning the district will be liable for that amount.
"Any School Board money used to satisfy the judgement would come from the general fund," McKneely has said.
However, the school board wasn't happy with the jury's decision in favor of the Brammer family and filed a motion for the judge to overrule or change the jury's verdict.
In the motion filed, called a "Motion for Judgement Notwithstanding the Verdict and Remmittitur," the board's attorney explains, the board feels the jury "did not apply the law to the facts of this case." They call the $166,784.63 award "excessive, abusively high, and inconsistent with Louisiana Law."
The motion also encourages the judge to rule that neither the board or the teacher was liable for the boy's injuries. However, the Brammer's attorneys Adam Savoie and Justin Dewett argued the jury's voice should not be silenced.
A judge heard both sides Monday morning and ultimately denied the school board's motion.
"Honestly, this victory comes as no surprise. It is a tiny win for us, but the school board is still fighting us. This is a long way from being over I'm afraid. The judge respected the decision the jury made and for that we are thankful," said Daisy Brammer.
The board's attorney Roland McKneely III, has confirmed to KSLA News 12, the Bossier Parish School Board will file an appeal, but offered no further comment.