# Lembo v. Broward County School Board

> District Court of Appeal of Florida · December 18, 1985 · 11 Fla. L. Weekly 23

URL: https://www.frixlaw.com/law-library/cases/7546177

## Case

- **Full name:** Joseph LEMBO, Appellant/Cross-appellee v. BROWARD COUNTY SCHOOL BOARD, Appellee/Cross-appellant
- **Court:** District Court of Appeal of Florida
- **Decided:** December 18, 1985
- **Citations:** 11 Fla. L. Weekly 23; 480 So. 2d 184; 29 Educ. L. Rep. 881; 1985 Fla. App. LEXIS 5952
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Walden
- **Judges:** Downey, John, Walden, Wessel
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7546177

## Opinion text

WALDEN, Judge.
Joseph Lembo suffered personal injuries during his high school physical education class. He sued the School Board primarily claiming improper supervision. The jury verdict and resulting judgment was in favor of the School Board. Lembo appeals on the ground that the jury verdict was contrary to the weight of the evidence. We affirm for two reasons.
First, Lembo failed to preserve the issue of evidence sufficiency for appellate review. Borenstein v. Raskin, 401 So.2d 884 (Fla.3d DCA 1981), and Winnemore v. Morton, 214 So.2d 509 (Fla.4th DCA 1968).
Second, even if the issue had been preserved, a review reveals sufficient competent evidence to support the jury verdict. In short, the responsibility or liability issue was a jury question. Benton v. School Board of Broward County, 386 So.2d 831 (Fla.4th DCA 1980).
Affirmed.
DOWNEY, J., and WESSEL, JOHN D., Associate Judge, concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7546177. Public record. Not legal advice.