In K.G.R. v. Union City School District, No. W2016-01056-COA-R9-CV (Tenn. Ct. App. Dec. 14, 2016), the Court of Appeals overturned a denial of summary judgment, determining that the incident that occurred was not foreseeable and that defendant had no duty to protect the minor plaintiff from a sexual assault.
Plaintiff was a sixth grade student enrolled in the special education program at defendant school. Near the end of the school year in 2012, a student told the special education teacher that plaintiff and another boy were in a bathroom stall together. The teacher went to the bathroom, where she found the other student leaving the bathroom, and eventually took both boys to the principal’s office. During an interview of plaintiff, he alleged that the other student had sexually assaulted him in the bathroom.
Plaintiff’s parents brought this negligence action, alleging that the school had a duty to protect plaintiff. The school filed a motion for summary judgment, arguing that “the acts against [plaintiff] were not foreseeable.” Three weeks before the incident, plaintiff’s mother wrote a letter to the school principal regarding her concerns that plaintiff was being bullied, specifically naming two students as the perpetrators (neither of which was the student involved in the assault), and stating that plaintiff “was being punched by these students.” According to the mother’s testimony, “she wrote the letter because other students were stealing [plaintiff’s] pencils, picking on him, and calling him names.”