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Supreme Court of Louisiana
FOR IMMEDIATE NEWS RELEASE FROM: CLERK OF SUPREME COURT OF LOUISIANA The Opinions handed down on the 13th day of March, 2012, are as follows: NEWS RELEASE #014

BY GUIDRY, J.:

2011-C -1003

NAKISHA CREDIT AND KEVIN CREDIT, SR., INDIVIDUALLY AND ON BEHALF OF THEIR MINOR CHILDREN, ADRIENNE BREANA HOWARD, KAYLIN HOWARD AND KEVIN CREDIT, JR. v. RICHLAND PARISH SCHOOL BOARD, STATE FARM MUTUAL INSURANCE COMPANY, CATHY STOCKTON, GEORGIA INEICHEN, LARRY WRIGHT, SR., SAMUEL G. HESSER, RAYVILLE HIGH SCHOOL, XYZ DUTY TEACHERS, GAIL MCCLAIN AS THE MOTHER OF COURTNEY MCCLAIN, RICHLAND CAREER CENTER AT ARCHIBALD, AND AMY DOE AS THE MOTHER OF LEBARON SLEDGE (Parish of Richland) Thus, we reverse the ruling of the court of appeal in part, affirm that ruling in part, and remand the matter to the court of appeal for further proceedings. REVERSED IN PART; AFFIRMED IN PART; AND REMANDED. KIMBALL, C.J., dissents in part for the reasons Weimer, J. JOHNSON, J., dissents. WEIMER, J., dissents in part and assigns reasons. assigned by

03/13/12 SUPREME COURT OF LOUISIANA No. 2011-C-1003 NAKISHA CREDIT AND KEVIN CREDIT, SR., INDIVIDUALLY AND ON BEHALF OF THEIR MINOR CHILDREN, ADRIENNE BREANA HOWARD, KAYLIN HOWARD AND KEVIN CREDIT, JR. VERSUS RICHLAND PARISH SCHOOL BOARD, STATE FARM MUTUAL INSURANCE COMPANY, CATHY STOCKTON, GEORGIA INEICHEN, LARRY WRIGHT, SR., SAMUEL G. HESSER, RAYVILLE HIGH SCHOOL, XYZ DUTY TEACHERS, GAIL MCCLAIN AS THE MOTHER OF COURTNEY MCCLAIN, RICHLAND CAREER CENTER AT ARCHIBALD, AND AMY DOE AS THE MOTHER OF LEBARON SLEDGE ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, SECOND CIRCUIT, PARISH OF RICHLAND

GUIDRY, J. We granted certiorari in this case to determine whether the "statement made or action taken" language in La. R.S. 17:439(A) precludes a cause of action against school employees for negligent acts of omission and to ascertain whether an action may be filed pursuant to La. R.S. 17:439(D) directly against a school employee for the negligent operation of a motor vehicle to the extent his or her liability is covered by insurance or self-insurance. For the reasons that follow, we reverse the ruling of the court of appeal in part and hold that La. R.S. 17:439(A) precludes a cause of action against school employees for certain negligent acts, including acts of commission and acts of omission. We otherwise affirm the court of appeal's ruling that La. R.S. 17:439(D) permits an action directly against a school bus driver for the negligent operation of a school bus to the extent the driver's liability

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is covered by insurance or self-insurance. Finally, we remand the matter to the court of appeal for further proceedings. FACTS AND PROCEDURAL HISTORY Because this case involves a ruling regarding a peremptory exception of no cause of action, we begin with the allegations of fact pled in the plaintiffs' petition, accepting them as true for the purpose of ruling on the exception of no cause of action. State, Div. of Admin., Office of Facility Planning and Control v. Infinity Sur. Agency, L.L.C. ("Infinity"), 10-2264, p.1 (La. 5/10/11), 63 So.3d 940, 941(citing Scheffler v. Adams and Reese, LLP, 06

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