THE SCHOOL BOARD OF PALM BEACH COUNTY
v.
EDITHE DELHOMME, AS PERSONAL REPRESENTATIVE, ETC.
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A school board owes no duty of care to a student crossing a busy street to reach a bus stop, as a busy roadway is not a dangerous trap created by the school board and its dangers are apparent.
[1] A school board does not create a dangerous trap or owe a duty of care with respect to a busy public roadway merely because students use that roadway to access a bus stop,…
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Court's application of precedent regarding school board liability for hazards not of its creation
A minor student was killed while crossing a busy street to get to his bus stop. The student's mother sued the School Board of Palm Beach County on beh…
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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.
2
Reversed and remanded. MAY, GERBER, and LEVINE, JJ., concur.
* * * Not final until disposition of timely filed motion for rehearing.
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Citator
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- Sherley Francis v. Sch. Bd. OF Palm Beach Cnty., 29 So. 3d 441 (Fla. 4th DCA 2010)