In the Court of Appeals of the State of Mississippi, a ruling by the Tishomingo County Circuit Court was upheld, finding the county school district not liable for negligent supervision in the injury …
In the Court of Appeals of the State of Mississippi, a ruling by the Tishomingo County Circuit Court was upheld, finding the county school district not liable for negligent supervision in the injury of a student. A judge in the local Circuit Court sided with the school district in the lawsuit filed by Chelsea and Jason Bumpous over their son’s 2020 injury. The court granted summary judgment in favor of TCSD (meaning no jury trial).
According to court documents, on February 27, 2020, the eighth-grade student was attending a show choir class at Iuka Middle School with other eighth and seventh-grade students. His show choir teacher was preparing for an upcoming class trip to Nashville and had given the students special permission to have their phones out to contact their parents for permission to attend the trip.
While the teacher was talking with each student’s parents to get their permission, two students, K.M. and D.C., in the class decided to film a “TikTok challenge.” This challenge was dubbed “Skull Crusher.” The challenge was to trick someone into a “jump 2challenge,” where participants would try and jump as high as they could. Meanwhile, the intention was to kick the unsuspecting jumper’s feet out from under him, causing him to fall. One student set her phone against the wall and started recording.
The Bumpouses’ son, A.B., was asked if he wanted to participate in their “jump challenge.” He willingly agreed to participate, unaware of the challenge’s true intentions. The three students were approximately three to six feet away from the teacher’s desk. When the three jumped, K.M. and D.C. kicked A.B’s legs out from under him, causing him to hit the ground hard. The teacher cleared the room, and the school nurse attended to A.B., and his parents were contacted. He was taken to North MS Medical Center in Tupelo for treatment and evaluation. Ultimately, the students involved were suspended for three days.
In February 2021, the Bumpouses filed suit against TCSD on behalf of their son. The lower court in Tishomingo County found the child’s injury was not foreseeable. The Court of Appeals’ judges were not unanimous in their ruling for the school district. Four of the ten judges either dissented entirely or in part.