> Insights > Thomas Harder Successfully Defends Private School Against Contractual, Tort Claims

> Insights > Thomas Harder Successfully Defends Private School Against Contractual, Tort Claims

Thomas Harder Successfully Defends Private School Against Contractual, Tort Claims

January 25, 2017Verdicts

Following a four-day bench trial, Foley & Mansfield attorney Thomas Harder obtained a defense verdict in Carver County, Minnesota on behalf of an co-educational private high school and its employee involving the alleged assault and battery of the Plaintiff.

The case originally alleged five counts against the Defendants. First, and most significantly, the Complaint alleged breach of contract against the school, asserting that its published mission statement constituted a contractual obligation. The Defense argued that while a mission statement may communicate the high-level ideals of an organization, such as educating and nurturing students, it is not a contract between the parties. In other words, a parent cannot sue a school simply because their child is failing or otherwise not reaching their potential, as a stated mission is an aspirational statement, not an enforceable contractual obligation.

Other claims alleged by the Plaintiff were assault and battery and defamation against the employee, vicarious liability (claiming the school was liable for the alleged actions of the employee), and negligent retention and supervision against the school. With the exception of the assault and battery claim, all other counts were dismissed on a motion for summary judgment. 

At trial on the assault and battery claim, Plaintiff sought $30,000 in emotional stress damages and $50,000 in future damages, plus attorneys’ fees in excess of $80,000.

On January 17, 2017, the court found that Plaintiff did not prove that the employee assaulted Plaintiff because “mere words or threats alone do not constitute assault”.  Plaintiff also failed to prove that the Defendants intentionally caused harmful or offensive contact with Plaintiff.  The Complaint was dismissed with prejudice. 

In addition to the uncommon legal assertion that the school’s mission statement constituted a contract, it is also highly unusual for an assault and battery claim to go to trial when there is no claim of any actual physical injury of any sort.  Accordingly, the case law relied upon by both Foley & Mansfield and the court were cases from early in the last century.  

Thomas Harder

Related Practice Areas & Industries

View All Practice Areas & Industries

Related Locations

View All Locations

Related Professionals

View All Professionals

Recent News & Insights

  • Foley Mansfield Team Obtains Favorable Result on Appeal For Women’s Clothing Retailer

    Foley Mansfield Partners Angela Sayre, Chair of the Real Estate practice group, and Margaret (“MJ”) Johnson, Chair of the Appellate practice group, teamed up for a second victory...

  • National Law Firm, Foley Mansfield, Designates New Midwest and West Coast Office Managing Partners

    Los Angeles, CA and St. Louis, MO, 7/2/2025 - Foley Mansfield is pleased to announce that Partner Alexa Newton has been selected as the Office Managing Partner in St....

  • Summary Judgment in Products Liability Traumatic Brain Injury Case Secured by New York Trial Team

    Foley Mansfield is pleased to announce a significant litigation victory in Hollman v. KSK 786 Inc., et al. (Index No. 516953/2020), where the Supreme Court, Kings County, granted...

  • Foley Mansfield Secures Defense Verdict in Silica Wrongful Death Trial

    LOS ANGELES, JUNE 6, 2025 — Foley Mansfield is pleased to report a significant victory in Solano-Claustro v. Dal-Tile, a silica wrongful death case tried in Los Angeles Superior Court....