DECUIR, Judge.
This appeal arises out of a suit filed on October 23, 1987, by Francine Landreneau and her daughter, Capucine (Capi) Landreneau, against Vivian Fruge; the St. Landry Parish School Board; the School Board's insurer, International Indemnity Company; Raymond Fontenot and his insurer, Scottsdale Insurance Company; Martha Leger; and the Parish of St. Landry (St. Landry Parish Police Jury). The tortious actions in this case involve sexual conduct between adults and a minor. Plaintiffs' suit contained allegations that Fruge, Capi's teacher and coach, committed various acts intended to subvert the morals of Capi and entice her into homosexual activity and that Fruge was aided and abetted in her conduct by Leger, a school bus driver employed by the Acadia Parish School Board. The Acadia Parish School Board was not made a defendant. Plaintiffs further alleged that Fontenot, who was the principal of Eunice High School, and the School Board were negligent in employing Fruge and Leger. Francine and Capi Landreneau and Vivian Fruge appeal the judgment of the trial court.
ACTION OF THE TRIAL COURT
Prior to trial, the Parish of St. Landry was dismissed by judgment sustaining its exception of no cause of action. Also prior to trial, Fontenot, the School Board, and International filed an exception of prescription, which was sustained by judgment of the trial court dismissing all claims of Capi Landreneau. This judgment was subsequently affirmed on appeal and amended by this court to dismiss Capi's claims occurring prior to October 23, 1986. See Landreneau v. Fruge, 598 So.2d 658 (La.App. 3 Cir. 1992). The plaintiffs neither filed for a rehearing nor sought writs to the Louisiana Supreme Court from this ruling.
After close of the evidence, the trial judge sustained an exception of no cause of action filed by Fontenot, the School Board, and International as to Francine's claim for non-pecuniary damages in light of Lejeune v. Rayne Branch Hosp., 556 So.2d 559 (La. 1990).
Leger made no appearance at the trial. A preliminary default was entered and confirmed against Leger, and judgment was rendered in favor of Capi against Leger in the sum of $10,000 in general damages. Fault was apportioned as follows: Leger 10%, Capi 10%, and others 80%.
After trial on the merits, the trial judge issued written reasons, and judgment was rendered in favor of Capi against Fruge in the sum of $40,000 in general damages. Fault was apportioned as follows: Fruge 20%, Capi 10%, and others 70%. The trial judge also awarded future medical expenses to Capi in the amount of $5,000, casting Fruge and Leger liable in solido for this item of damages.
Judgment was also rendered in favor of Francine, awarding the sum of $11,995 in past medical expenses against Fruge and Leger in solido. The trial court assessed fault for this item of damages as follows: Fruge 20%, Leger 10%, Capi 10%, Francine 30% and others 30%.
ASSIGNMENTS OF ERROR PRESENTED ON APPEAL
Capi contends that the trial judge erred in limiting evidence and recoverable damages to events occurring on or after October 23, 1986, and appeals to this court to vacate its prior ruling on the issue of prescription. By her remaining assignments of error, Capi contends the trial judge erred in apportioning fault; in finding no liability on the part of the School Board and Fontenot; in finding no solidary liability between Fruge and Leger for general damages; and in awarding inadequate damages.
In addition to the assignments of error urged by Capi, Francine contends that the trial judge erred in sustaining an exception of no cause of action filed by Fontenot, the School Board, and International, as to Francine's claims for nonpecuniary damages. Francine also contends that she is entitled to an award for loss of consortium, and that the trial court's award of past medical specials is inadequate.
Vivian Fruge claims that the trial court erred in considering her pre-October, 1986 conduct; in apportioning fault where the evidence failed to establish any causal connection between Fruge's actions and plaintiffs' damages; in finding Fruge solidarily liable with Leger for medical expenses; and in its assessment of court costs. Fruge also contends that the judgment is unclear as to the amount she owes to Capi and the awards of general damages and future medicals are unsupported by the law and the evidence.
FACTS
The record reveals that Capi had a history of extreme emotional problems, including a suicide attempt, sexual dysfunction, and alcohol and drug abuse, prior to her involvement with Fruge and Leger. Capi is the child of Francine Landreneau, who separated from Capi's father when Capi was an infant. Capi has had very limited contact with her father, and her relationship with her mother as she grew older was a poor one. Capi was born in January 1970. As Capi grew older, Francine began to treat her daughter as a friend, confiding personal matters to Capi before Capi reached the age of ten. Capi slept with her mother until the age of fourteen. She began to drink beer at the age of ten and by age thirteen drank to the point of intoxication. At the age of twelve, Capi smoked marijuana on a daily basis. She admitted to alcohol and drug abuse in the seventh and eighth grades. Capi testified that for a four-month period while at school in the seventh grade, she daily ingested downers, cocaine, and Valium. The record reflects that Capi was treated at a Ville Platte mental facility in 1984, at which time suicidal tendencies were suggested.
Unfortunately, Capi experienced sexual encounters at an extremely young age. There is some evidence that Capi was sexually abused by a female cousin from the age of seven until she was twelve years old. At the age of fourteen, Capi became involved in a homosexual relationship with a twenty-three year-old youth group counselor. She also admitted to a sexual encounter with a classmate in the summer of 1985.
Capi's involvement with Fruge began when she entered the tenth grade at Eunice High School. At that time, Fruge became Capi's coach and physical education instructor. Fruge and Capi engaged in kissing, petting, and letter writing. The trial judge found the letters evidenced something more involved than a platonic or teacher/student relationship. The record reflects limited physical contact between Capi and Fruge (three incidents by Fruge's account and four incidents by Capi's account). Fruge testified that all acts of physical intimacy occurred off campus, after school hours, and not in connection with her duties as a teacher/coach. Capi does not dispute this account, except for one incident of kissing which Capi alleges occurred in Fruge's office. The trial judge obviously believed Fruge's version of these facts. Nevertheless, both Capi and Fruge testified that their relationship ended in January of 1986.
Subsequent to her involvement with Fruge, Capi engaged in another sexual relationship in the summer of 1986 with a female camp nurse who was over the age of thirty. In 1989, Capi entered into an abusive relationship with this older woman and lived with her for eighteen months. Capi also lived with a thirty-one year-old man for approximately five or six months after her involvement with defendants. She testified that prior to the October 1986 incident made the subject of this litigation, she had engaged in sexual intercourse with an older man.
On October 24, 1986, Fruge hosted a party at her home, where Leger, a school bus driver, was a guest. Fruge testified that Capi was not invited to this party and was drunk when she arrived. Capi testified that alcohol and marijuana were present at the party. Capi also testified there was no physical contact between her and Fruge at this party. However, Capi and Leger engaged in sexual contacts after which Capi passed out. Capi and Leger spent the night together. The record reflects that while Fruge was not involved and did not observe the encounter between Leger and Capi, sometime during the evening she set up a bed for the two.
The following morning, Francine appeared at Fruge's home looking for Capi. After relating her homosexual activities to her mother, Capi ran away from home. She was subsequently placed in Cypress Hospital, where she was admitted for alcohol and drug abuse. While at Cypress, Capi related continuing difficulty with her mother. Although Capi was apparently treated by several individuals for her psychological problems, the only evidence offered by plaintiffs was the Cypress Hospital records and the testimony of Candice Howard, a social worker who saw Capi from June of 1990 until December 1990. Ms. Howard did not see Capi again until August 1992, the month just prior to trial.
PRESCRIPTION
Suit was filed on October 23, 1987. Plaintiffs urge this court to vacate its prior judgment on the issue of prescription in light of Wimberly v. Gatch, 93-2361 (La. 4/11/94); 635 So.2d 206 and Moncrief v. Panepinto, 540 So.2d 1304 (La.App. 5 Cir. 1989). These decisions are inapplicable and provide no basis for this court to revisit the issue of prescription in the case sub judice. The first appeal before this court was from a final appealable judgment maintaining defendants' exception of prescription. That judgment became final and definitive and thus is res judicata.
We next address Fruge's argument on the issue of prescription. Fruge contends that the trial judge erred in considering her actions prior to October 23, 1986, and in assigning fault to Fruge where there was no evidence of sexual encounters between Fruge and Capi subsequent to October 23, 1986. Stated differently, Fruge argues that other than the alleged sexual encounters, which had all prescribed, there were no findings by the trial judge of any acts of fault on the part of Fruge which had not prescribed and that the trial judge's reasons for judgment failed to provide a basis for liability on the part of Fruge. We disagree.
The trial judge, in written reasons for judgment, discussed the party held at Fruge's home on October 24, 1986. Fruge permitted Capi and four other teenagers under the age of eighteen to be at this party where adults, alcohol, and marijuana were present. Furthermore, Fruge allowed Capi to spend the night with Leger in her home and actually set up a bed for the two of them. Fruge's culpability lies in the fact that she facilitated the tortious conduct of Leger on October 24, 1986, and, therefore, plaintiffs' claims as to Fruge's conduct on that date have not prescribed. Thus, Fruge's assignment of error on this issue lacks merit.
NO CAUSE OF ACTION
We next address Francine's contention that the trial judge erred in sustaining defendants' exception of no cause of action. To recover for mental anguish or distress caused by injury to her daughter, Francine must first prove that she viewed the encounter between Capi and Leger or that she came upon the scene soon thereafter before substantial change occurred. Furthermore, the mental anguish or emotional distress must be severe, debilitating and foreseeable. La.Civ. Code art. 2315.6; Lejeune, 556 So.2d 559. Francine did not witness any encounter between Capi and defendants and did not come upon the scene soon thereafter. Having failed to meet her threshold requirement, it is not necessary to reach the issue as to whether Francine suffered severe, debilitating and foreseeable injury. Nevertheless, there is nothing in the record to support a finding of severe emotional distress. Therefore, we find no error in the trial judge's denial of damages under La.Civ. Code art. 2315.6.
SCHOOL BOARD AND PRINCIPAL
We turn now to the question of liability of Fontenot and the School Board for the acts of the School Board's employee, Fruge, on October 24, 1986. The trial judge found no fault on the part of Fontenot and the School Board stating that he could not find from the evidence that these defendants did something they should not have done or failed to do something they should have done that would have prevented the development of the relationship between Fruge and Capi. This finding may not be set aside by this court in the absence of manifest error, and where there is conflict in the testimony, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review. See Rosell v. ESCO, 549 So.2d 840 (La. 1989). Applying this standard, we affirm the trial judge's finding of no fault on the part of Fontenot and the School Board.
The record reflects that Fontenot, the principal of Eunice High School at the time of the allegations, hired Fruge on the recommendation of Johnny Bourque, the school's football coach, and after obtaining a favorable report from Fruge's previous employer. Mr. Bourque made his recommendation upon observation and interview of Fruge and after speaking with Fruge's former immediate supervisor. Neither of these individuals received any information about Fruge which would have caused them to know or to have reason to know of her homosexual tendencies or the fact that she might engage in sexual activities with a student. Furthermore, Fruge had been employed at Eunice High School for approximately five years prior to the time she became involved with Capi. During that five years, neither Fontenot nor Bourque received any information or observed any behavior which would have led them to question Fruge's character. The testimony of Fontenot and Bourque was corroborated by Vernon Mott, a teacher at the school. Furthermore, Capi never revealed her relationship with Fruge to school officials.
The fault of the School Board may also arise from the doctrine of respondeat superior for the acts of its employees. La.Civ. Code art. 2320 provides that an employer is answerable for the damage occasioned by its servant in the exercise of the functions in which the servant is employed. Applying that article, an employer's vicarious liability for conduct not his own extends only to the employee's tortious conduct which is within the course and scope of employment. Orgeron v. McDonald, 93-1353 (La. 7/5/94); 639 So.2d 224, citing Reed v. House of Decor, Inc., 468 So.2d 1159 (La. 1985). Generally speaking, an employee's conduct is within the course and scope of employment if the conduct is of the type that he is employed to perform, occurs substantially within the authorized limits of time and space, and is motivated at least in part by a purpose to serve the employer. Orgeron, 639 So.2d 224. Fruge's conduct at issue in determining employer fault is that which occurred at her home on the night of October 24, 1986. This conduct occurred away from her employment, occurred after employment hours, and the conduct was not the kind which she was employed to perform. We conclude that the tortious conduct by Fruge on October 24, 1986, was not within the course and scope of her employment with the School Board as defined by the court in Orgeron. Thus, we find no error in the trial judge's finding of no fault on the part of Fontenot and the School Board.
APPORTIONMENT OF FAULT
Capi's Fault
The trial judge found that Capi consented to the sexual activities with defendants and assessed Capi with 10% fault. Because we find manifest error in the trial judge's finding, we reverse the assignment of fault to Capi. Capi was a minor at the time of her encounter with Leger at Fruge's home on October 24, 1986. The defendants' expert, Dr. Louis Cenac, Jr., a psychiatrist, testified it was his opinion in cases of child molestation it is not possible for a child to give consent. This testimony was corroborated by Candice Howard. Consent was absent under the circumstances of this case; therefore, the allocation of fault to the child is reversed.
Fault of "Others"
We conclude that the trial judge committed error in assessing fault to "others" and reverse this finding for the following reasons. We address first the contention by plaintiffs that the trial judge erred in apportioning fault to "others," which category included fault attributable to Francine. In reasons for judgment, the trial judge stated:
The Court is convinced from the evidence offered that Capi's relationship with her mother, her heterosexual and homosexual encounters, aside from Fruge and Leger; her bout with alcohol and drugs; the absence of a father figure in her home during her formative years; her encounters with Fruge prior to October 23, 1985 [sic] and those thereafter; and her sexual encounters with older women after her relationship with Fruge was terminated all contributed to the psychological profile that led to her being committed for treatment. Accordingly, the Court assesses fault and/or causation as follows:
1. Fruge 20% (Only for her conduct after Oct. 23, 1985 [sic])
2. Leger 10%
3. Capi 10%
4. Others 60% (Emphasis ours.)
Furthermore, in a per curiam opinion rendered after written reasons, the trial judge, in assessing fault for claims against Leger, stated:
In order to properly assess fault in this case, the Court finds the following, taken from the list on page 10 of the original reasons, to be fault contributing factors:
1. Francine Landreneau
2. Other heterosexual and homosexual encounters while Capi was still a minor.
3. All of Capi's encounters with Fruge while Capi was still a minor. (Emphasis ours.)
From our reading of the above, it appears the trial judge imputed the fault of the mother to the child by including the mother's fault in the 60% assessed to "others." In McFarland v. Industrial Helicopters, Inc., 502 So.2d 593 (La.App. 3 Cir. 1987), this court refused to reduce the minor's award by the amount of fault assessed to the minor's mother. See also Matthews v. State Farm Fire Casualty Ins. Co., 550 So.2d 936 (La.App. 3 Cir. 1989).
Secondly, we conclude that since all claims against Fruge prior to October 23, 1986 have prescribed, the only tortious conduct in question is that which occurred at Fruge's home on October 24, 1986, at which time Leger and Capi engaged in lesbian activities. As previously stated, Fruge's culpability lies in the fact that she facilitated the encounter between Leger and Capi. Therefore, any assessment of fault to "others" as to this encounter is erroneous. Thus, the trial court's assessment of fault to "others" in connection with the award of damages to Capi is reversed, and fault is hereby reallocated 50% to Fruge and 50% to Leger.
Fruge's Fault
Fruge contends that the trial judge erred in considering Fruge's pre-October 23, 1986 conduct in allocating fault. It is clear from the trial judge's reasons that he considered Fruge's conduct only after October 23, 1986, in assessing fault, although the reasons state "1985," clearly an inadvertent error. Although in reasons for judgment the trial judge discussed facts involving allegations against Fruge that had prescribed, he specifically stated: "Only for her conduct after October 23, 1985." Therefore, Fruge's argument that the trial judge considered pre-October 23, 1986 conduct in assessing fault is without merit.
SOLIDARY LIABILITY
Plaintiffs contend the trial judge erred in finding Fruge and Leger were not solidarily liable for general damages. Fruge argues that although the trial judge was correct in finding Fruge and Leger were not solidary obligors with regard to the general damage award, it was error to find Fruge and Leger solidarily liable for medical expenses.
The trial judge concluded that Fruge and Leger were not joint tortfeasors and their faults were not concurring, apparently basing this finding on the fact that Leger's tortious conduct constituted one act, while Fruge's conduct was continuing. In light of the fact that all claims prior to October 23, 1986 have prescribed, only one act by Fruge is relevant, i.e., Fruge's involvement in the October 24, 1986 incident at her home. The trial judge correctly noted that at the time the wrongful conduct occurred, La.Civ. Code art. 2324 provided in pertinent part:
He who causes another person to do an unlawful act, or assists or encourages in the commission of it, is answerable, in solido, with that person, for the damage caused by such act. (Emphasis added.)
Because Fruge allowed the minor, Capi, to remain at Fruge's home, where adults, alcohol and marijuana were present, and because Fruge allowed Capi to spend the night with Leger in a bed set up by Fruge in her home, Fruge facilitated Leger's wrongful conduct with Capi. Therefore, pursuant to La.Civ. Code art. 2324, Fruge and Leger are liable in solido for both general damages and medical expenses.
GENERAL DAMAGES
Capi complains that the award of $50,000 in general damages is inadequate. On the other hand, Fruge contends the general damage award is unsupported by the law and the evidence. Based upon our review of the jurisprudence, we find that the trial judge was well within the much discretion afforded the trier of fact based upon the facts of this case. See Guidry v. Rapides Parish Sch. Bd., 560 So.2d 125 (La.App. 3 Cir. 1990). Furthermore, we find Fruge's contention that the general damage award is unsupported by the record to be without merit.
MEDICAL EXPENSES
Francine contends that the trial judge's award of medical expenses is inadequate. The trial judge awarded the sum of $11,995 for medical expenses incurred by Francine on behalf of Capi, finding that the only expenses submitted by Francine which were established by a preponderance of the evidence were those of Cypress Hospital in the amount of $10,000 and Magnolia House in the amount of $1,995. We find no error in the trial court's finding.
Furthermore, we note that the trial judge assessed 30% fault to Francine for her daughter's problems and accordingly reduced her award by that amount. The record reflects that while at Cypress Hospital, Capi described her relationship with her mother as a poor one and related that her mother called her "stupid," "bitch," and other degrading names. Furthermore, plaintiffs' own expert opined at trial that Capi's relationship with her mother was an abusive one. Although Francine's fault is not imputable to Capi as to the general damages awarded to Capi, the same result is not reached in regard to special damages recoverable by the mother. We find no manifest error in the trial court's assessment of fault to Francine, and the trial judge was correct in reducing her award by 30%. See McFarland, 502 So.2d 593.
Fruge contends the award of future medical expenses is unsupported by the law and the evidence. We disagree. In awarding Capi the sum of $5,000 in future medical expenses, the trial judge concluded from the testimony of plaintiffs' expert, Candice Howard, that further psychological treatment would be necessary and calculated the amount of future medicals based upon costs presented by Ms. Howard. Thus, we affirm the award of future medicals to Capi in the amount of $5,000.
LOSS OF CONSORTIUM
Francine contends that she is entitled to damages for loss of her daughter's society due to the wrongful conduct of Fruge and Leger. Considering the nature of Capi's relationship with her mother prior to Capi's encounter with defendants and Francine's failure to prove a loss of consortium, we cannot say that the trial judge erred in failing to award damages for loss of consortium.
COURT COSTS
Finally, defendant Fruge complains of the trial judge's assessment of court costs of 80% to Fruge and 20% to Leger. The trial court may render judgment for costs, or any part thereof, against any party, as it may consider equitable. La. Code Civ.P. art. 1920. The court has broad discretion in apportioning costs as it deems equitable. We find no abuse of discretion in the assessment of court costs.
CONCLUSION
The trial court's assessment of fault to Capi and "others" is hereby reversed and fault is reallocated 50% to Fruge and 50% to Leger. The trial court's finding that Fruge and Leger are not solidarily liable for general damages is likewise reversed. Fruge and Leger are solidarily liable for both general and special damages awarded to Capi Landreneau. The judgment of the trial court is affirmed in all other respects. Costs of appeal are assessed to Vivian Fruge.
AFFIRMED IN PART; REVERSED IN PART; AND RENDERED.
AMY, J., concurs.
THIBODEAUX, J., concurs in part and dissents in part with reasons.