Wrongful Death Suit Against York School Administrators Will Proceed

By Amber Lester Friday, October 01, 2010

A wrongful death lawsuit against four York County school administrators will move forward following an initial hearing Thursday.

Alise Williams is seeking $10 million in damages from school officials for the wrongful death of her son, Christian Taylor, who hanged himself at home on May 31. Williams has alleged her son, a freshman at Grafton High School, was bullied for six months after transferring from Texas in December.

The lawsuit listed former Grafton Principal Paul Hopkins, Assistant Principal Craig Reed, Assistant Principal Karen Fahringer, counselor Joseph Erfe and school security officer Deputy Ralph Hood as defendants. Hopkins left York County schools over the summer to take a position as director of exceptional education for Henrico County schools.

The court papers, filed July 30, say school officials did not protect Taylor from bullies, despite Williams’ requests for intervention. Williams met with administrators twice in May. At the first meeting, she told them a male student had told her son, “You need to just go ahead and kill yourself and get it over with.” She says the student continued to harass her son up until he committed suicide. The suit’s primary allegation was that the administrators had a duty to ensure the safety and well-being of all students.

The school administrators entered a demurrer plea to the allegations at the initial hearing in York-Poquoson Circuit Court on Thursday. A demurrer is a pleading that challenges the legal sufficiency of a claim. But Judge R. Bruce Long, visiting from Gloucester Circuit Court, overruled the demurrer plea on the basis that defense lawyer David Corrigan was unable to prove the administrators had no duty to ensure Taylor’s safety and well-being.

Long did dismiss the case against Deputy Ralph Hood, however, because he could not have taken any actions. As a resource officer contracted by the school board through the Sheriff’s Department, Hood has no power to suspend or expel students, and could not charge the student accused of bullying with a misdemeanor if he didn’t see any bullying take place. “He’s a peacekeeper, not an investigator,” Long said of Hood.

During the hearing, Corrigan argued that the school employees did not have a legal duty, as spelled out in common law, to prevent Taylor’s suicide. He said he based his argument on whether the administrators could have foreseen Taylor’s suicide at home. The judge questioned whether a duty would have existed had Taylor committed suicide at school; Corrigan maintained it was a “giant leap” to find that a duty exists for something they couldn’t have predicted.

Long pointed out that school boards are obligated, by Virginia law, to expel or suspend students for bullying, hazing or the use of profane language. Corrigan said that statute applies to school boards, not specific school employees. He also argued there was no “proximate cause,” meaning “but for” the action, the result would not have happened. Williams’ lawyers, however, argued Taylor endured prolonged bullying that caused his suicide.

In the end, Long could not be convinced the school administrators had no duty to prevent Taylor’s actions. The parties could still settle out of court, but the case could move on to a jury trial. To learn more about the suit, click here.