Opinion

Zawadski v. Palm Beach County School Board

  • 14 Fla. L. Weekly 724
  • 541 So. 2d 689
  • 1989 Fla. App. LEXIS 1409
  • 1989 WL 41666
Court
District Court of Appeal of Florida
Filed
Mar 22, 1989
Status
Published
Author
Walden
On the bench
Garrett, Hersey, Walden
Cited by
1 cases
Authority
More cited than 26.6%

The opinion

WALDEN, Judge,

dissenting.

A student was injured in his high school gym while dunking basketballs with friends after school hours. The dunking was done with use of a trampoline. The gym was left unlocked after hours and the janitors were aware that students and members of the public used the gym after school hours to play basketball. No supervision or control was furnished by the school as concerns the use of the gym after school hours by the students, regardless that the school had knowledge of such use and tacitly sanctioned such use by failure to lock or secure such premises.

In the ensuing suit for personal injuries suffered by the student the trial court erred, in my opinion, by refusing to instruct the jury that the school board could be held liable for negligent supervision of a student who was injured on school property after school hours. See Broward County School Board v. Ruiz, 493 So.2d 474 (Fla. 4th DCA 1986); Rupp v. Bryant, 417 So.2d 658 (Fla.1982).

I would reverse and remand for a new trial consistent herewith.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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