Opinion

THE SCHOOL BOARD OF PALM BEACH COUNTY v. EDITHE DELHOMME, as Personal Representative, etc.

Court
District Court of Appeal of Florida
Filed
Apr 19, 2023
Status
Published
Cited by
0 cases
Authority
More cited than 23.1%

The opinion

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

THE SCHOOL BOARD OF PALM BEACH COUNTY,

Appellant,

v.

EDITHE DELHOMME,

as Personal Representative of the ESTATE OF ADEN WILLIAMS,

her deceased minor son, on behalf of the Estate and its lawful survivors,

to wit, EDITHE DELHOMME, surviving mother,

Appellee.

No. 4D22-2418

[April 19, 2023]

Appeal of a nonfinal order from the Circuit Court for the Fifteenth

Judicial Circuit, Palm Beach County; James Nutt, Judge; L.T. Case No.

502022CA000545XXXXMB.

Sean Fahey of The School Board of Palm Beach County, West Palm

Beach, for appellant.

Nichole J. Segal of Burlington & Rockenbach, P.A., West Palm Beach,

and Rosalyn Sia Baker-Barnes of Searcy Denney Scarola Barnhart &

Shipley, P.A., West Palm Beach, for appellee.

PER CURIAM.

The School Board of Palm Beach County seeks review of the denial of

its motion to dismiss based on sovereign immunity. We find that Francis

v. School Board of Palm Beach County, 29 So. 3d 441 (Fla. 4th DCA 2010),

compels reversal in this tragic case. In both cases, the students were killed

while crossing a busy street to get to their bus stop. We previously ruled

in Francis that a busy roadway does not constitute a dangerous trap

because it is not created by the school board. Id. at 444. Additionally, the

dangers of the busy roadway are apparent. Id. Therefore, the school board

did not owe a duty of care to the student while he was crossing the street.

The order is reversed and remanded with instructions to grant the motion

to dismiss and dismiss the complaint against the school board as it is

barred by sovereign immunity.

Reversed and remanded.

MAY, GERBER, and LEVINE, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.

2

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