Mogabgab v Orleans

Facts of the case

- plaintiff's son collapsed during football practice at 5:20pm. - practice was not held on school campus, and no trainers/ medical equipment was available. - neither coach was cpr trained. - improper medical assistance was administered - parents were not notified until 6:45 pm

What was the burden of proof required for the plaintiff to prevail in this case?

Proof of Causality

Explain the court's reasoning on the issue of causality

causality may be proven by perponderance of the relevant evidence. proof by preponderance of the evidence requires only that a litigant satisfy the court or jury by suffienc evidence that the existance of a fact is more likely than its non existance - the record supports the premise that it is more likely than not that Robert would have survived with reasonably prompt medical attention

what was the cause of action?

the death of plaintiff's son resulted from the negligence of the school district's personnel in failing to meet their duty of care by providing all necessary and reasonable safeguards against injury

disposition?

the trial appeals court affirmed that the suit against officials not directly involved be dismissed the court reversed the dismissal of plaintiff's suit against Orleans Parish School Board and rendered judgement to the plaintiffs - the death of the plaintiff's son resulted from the negligence of the school district's personnel in failing to perform their duty of care by providing all necessary and reasonable safeguards against injry and a failure to administer prompt medical treatment