BOSSIER PARISH, LA (KSLA) - A Plain Dealing family and the Bossier Parish School District will go head-to-head once again in the second circuit court of appeal Thursday.
Daisy and Jeff Brammer initially thought their lawsuit against the BPSB was over when a jury sided with them in 2014. The Brammers sued the school board and a teacher for negligence after their son broke his arm during a playground fight in 2012 when their son was 10-years-old.
A jury 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.
However, their fight is far from over because the Bossier Parish School Board filed an appeal to the lawsuit ruling earlier this year.
The school district is essentially arguing that the trial court made a mistake in their ruling and the money awarded to the Brammer family was excessive.
On top of that, the school district filed a motion saying there was never any proof offered in the court record that supported that Jeff and Daisy Brammer are the biological parents of the child at the center of the suit. The motion alleges the plaintiffs never proved that Daisy and/or Jeff Brammer were the proper parties to file the lawsuit on half of the minor child.
"The Brammers failed to offer substantive proof of their right of action in this case. A jury trial was held, the Brammers had ample opportunity to prove that they were the natural/biological parents and/or appointed tutors," the motion states. "Substantive proof that Daisy and/or Jeff Brammer were the natural, biological parents was a required element for them to prove at trial. They did not meet that burden."
However, the Brammers' attorney Adam Savoie says that claim is ridiculous.
"We don't think that is a reasonable argument," said Savoie.
In an opposition response to the motion, Savoie states, "The filing of this exception is baseless, lacks any support in law or evidence, and has needlessly driven up the litigation costs," It only goes on to urge the court to deny BPSB's exception, grant appellee's motion, and award sanctions against BPSB for the attorney's fees incurred in opposing the exception and all costs of the proceedings.
"I think the Brammers just want this process to be done, they wanted closure, they thought they had it whenever the jury came back and found in their favor. The school board has continued to fight this case with appellate courts, and has really prevented them from getting the closure that they seek," said Savoie.
We reached out to the Roland McKneely III, the attorney representing BPSB for a comment, McKneely says they will not be making further public statements concerning the case while it is pending.
The hearing is scheduled for 9:30 a.m. on October 1.