Scott C. Black (Florida Keys) (School Law/Premises Liability-Negligent Supervision) obtained a Summary Judgment which was recently upheld on appeal in the case styled Jean Charles and Marie M. Charles, v. School Board of Monroe County,Florida.
The claim arose out of a student on student assault that occurred on school grounds during school hours. Plaintiff’s theory of liability was negligent supervision.
Plaintiff argued the teacher was negligent in his supervision based on his brief absence from his class. Additionally, Plaintiff contended the offending student had a disciplinary history which should have placed the School Board on notice that the student posed a risk of harm to fellow students, and should have been communicated to the supervising teacher. While the offending student had a history of insubordinate behavior, he had no significant history of student on student violence. Based upon the age of the students involved, the short duration of the incident, and the lack of violence in the offending student’s record, the trial and appellate courts found the School Board had not breached a duty of care owed to Plaintiff.
Following an unsuccessful mediation the School Board filed its motion for summary judgment. The trial court granted summary judgment in favor of the School Board on December 23, 2013. Final judgment was entered in favor of the School Board on May 2, 2014. Plaintiff’s subsequently appealed the decision to the 3rd District Court of Appeals. The Court issued an order affirming the trial court’s ruling on July 8, 2015. The Parties recently reached a settlement agreement prior to the case being remanded to the trial court for the taxation of costs and attorneys’ fees in favor of the School Board.