David Delaney successfully argued a Motion for Summary Judgment on behalf of a Defendant School Board in a claim alleging negligent supervision. A student was injured during a field trip to a theme park. The defense focused on locating the adult chaperones who witnessed the event, including several whom had moved out of state. The attorneys at Dell Graham were able to obtain their cooperation in submitting affidavits and deposition testimony that proved the student was being directly observed from a few feet away when the unfortunate accident occurred. In preparing the motion for hearing, the defense relied on a number of cases in Florida that hold that school districts are not insurers of student safety. Instead, the duty owed is simply one of reasonable supervision. The Court found that as a matter of law, this standard was met under the facts of this case.
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