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Mr. Charles Le Mieux Versus Ascension Parish School
Board |
23rd
Judicial District Court Parish
of Ascension Division
"A" |
Petition for Strict Liability for
ABNORMALLY Dangerous Conditions
1:
Petitioner Charles Le Mieux is a person of the full
age of majority, with residents domiciled in the parish of Ascension, state of
Louisiana.
2:
Made defendant herein is the Ascension Parish
School Board through its Superintendent Mr. Robert Clouatre.
3:
Petitioner claims that the Ascension Parish School Board has knowledge of the existence of an abnormally dangerous condition existing at the Dutchtown Middle School gym, also being used as a home room and assembly area, that has, and has had, temperatures recorded by state health officials as high as ninety-six degrees Fahrenheit, that could reach a heat index well over one hundred and forty degrees Fahrenheit, depending on relative humidity, and knows that such temperatures could possibly cause serious injury or death to students using this facility.
4:
Petitioner alleges, to be proven at trial, that the defendant, Ascension Parish School Board, has constructive knowledge of the abnormally dangerous condition created by the excessive heat, and has failed in its responsibility to protect the health and safety of its students, even after numerous attempts by the petitioner, and intervention of state health officials pointing out this abnormally dangerous condition to the Ascension Parish School Board.
5:
Petitioner claims that the Ascension Parish School Board has knowledge of the existence of an abnormally dangerous condition existing at the Dutchtown Middle School, requiring students to carry book sacks with weights well in excess of recommended standards.
6:
Petitioner alleges, to be proven at trial, that defendant, Ascension Parish School Board, has constructive knowledge of the abnormally dangerous condition, created by the over weight book sacks, and failed in its responsibility to protect the health and safety of its students, ignoring supplied documentation, and numerous attempts by the petitioner, requesting the Ascension Parish School Board cease this abnormally dangerous condition.
WHEREFORE, Petitioner Charles Le Mieux prays that there be judgment in his favor, and against defendant Ascension Parish School Board, in that the Ascension Parish School Board be required to suspend immediately all physical activities in all of their facilities, both indoors and outdoors, when temperatures combined with their heat index exceed that calculated by qualified health experts, that the Ascension Parish School Board be required to restrict the weight of a students back sack to a specific percentage of a students body weight to be calculated by qualified health experts, that these requirements be strictly enforced by state health officials, or other state government agencies qualified for such enforcement, and for all other just and equitable relief as is deemed necessary and proper.
Respectfully Submitted,
(Signed) Mr. Charles Le Mieux
13085 Depen Rd.
Gonzales, La. 70737
(225) 677-8670
PLEASE SERVE:
Ascension Parish School Board
through its Superintendent Mr. Robert Clouatre
38210 Highway 3089
Donaldsonville, La. 70346-8586
