David Delaney recently obtained a dismissal with prejudice on behalf of a school board. The case involved an accident where a student was struck by a vehicle near a school bus stop. The Plaintiff’s complaint alleged that the school district has a legal duty to monitor or control the behavior of students at a school bus stop prior to the arrival of the school bus. The Plaintiff also claimed that the bus stop was in a dangerous location. Mr. Delaney convinced the court that under Florida law relating to sovereign immunity, a school board’s duty of care for a student stems from its physical custody of a student, and without such physical custody, a school board’s duty of care is not triggered. The trial court’s decision was upheld by the First District Court of Appeal.
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