Miller v. Thibeaux
Annotate this CaseThis case arose on March 14, 2011 when, unbeknownst to school bus driver Harold Thibeaux, six-year-old La'Derion Miller's arm became trapped in the school bus door while he was attempting to board the bus. La'Derion was dragged by the school bus some eighty feet, and, when his arm became dislodged from the door, he fell beneath the wheels of the bus and was critically injured. La'Derion died approximately forty minutes later. La'Derion's mother, Heather Jagneaux, witnessed the accident from her front yard and heard La'Derion call out for her help, but she was unable to reach him. The issue presented in this wrongful death and survival action was whether a putative father was entitled to seek filiation of his deceased minor child by simply alleging in his petition that he is the biological father of the child. Concluding that the appellate court erred in holding that the plaintiff-father alleged insufficient facts to constitute a filiation action, the Supreme Court reversed and remanded for further proceedings.
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