JACKELYN BARRERA, APPELLANT,
v.
DADE COUNTY SCHOOL BOARD, APPELLEE
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An eight-year-old student was injured when a classmate pushed another student onto her during a third-grade physical education class at Auburndale Elementary School. The school board sought summary judgment, but the appellate court found that the adequacy of supervision was a question of fact for a jury, not suitable for summary disposition.
The school board failed to conclusively demonstrate that it had provided adequate supervision under all the circumstances, and therefore summary judgment was inappropriate. The issues of negligence and legal cause were not properly susceptible to summary disposition and required submission to a jury.
[1] A school board may be liable for injuries sustained by a student during a physical education class if it fails to provide adequate supervision.
[2] The adequacy of supervision in a school setting is a question of fact that is generally not susceptible to summary disposition.
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Join FLexlaw to unlock all legal intelligence“We find that the defendant did not, as required, conclusively demonstrate that, under all the circumstances, it had provided adequate supervision of the plaintiff and her classmates at the time of the accident.”
Establishes the standard for summary judgment in school supervision cases: the defendant must conclusively demonstrate adequate supervision
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Join FLexlaw to unlock all legal intelligenceJackelyn Barrera, age eight, was struck and had her leg broken when a classmate named Scarlett Rodriguez pushed another student (Sara) off a balance b…
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SCHWARTZ, Judge.
The eight-year-old plaintiff, Jackelyn Barrera, was injured during a third grade physical education class at the Auburndale Elementary School. The accident occurred when a classmate with the intriguing name of Scarlett Rodriguez — who had displayed some prior rambunctiousness — pushed another little girl named Sara from a balance beam onto Jackelyn and broke her leg. The 30 children in the class were, at the time, divided into three approximately equal groups. One such group was apparently tumbling on mats on the gymnasium floor, another was using parallel bars, and the third was playing at the balance beam. The entire class was being supervised by a single teacher who was helping a girl at the parallel bars when the accident occurred and did not see it take place. Jackelyn and her parents sued the Dade County Board of Public Instruction for her injuries, but the trial judge granted a summary judgment in the defendant’s favor.
We find that the defendant did not, as required, conclusively demonstrate that, under all the circumstances, it had provided adequate supervision of the plaintiff and her classmates at the time of the accident. McGahee v. Dade County Board of Public Instruction, 279 So. 2d 87 (Fla. 3d DCA 1973); Booker v. Okaloosa Board of Public Instruction, 323 So. 2d 619 (Fla. 1st DCA 1975); Cirillo v. City of Milwaukee, 34 Wis.2d 705, 150 N.W. 2d 460 (1967); Armlin v. Board of Education of Middleburgh Central School District, 36 A.D.2d 877, 320 N.Y.S.2d 402 (1971); Beck v. San Francisco Unified School District, 225 Cal.App.2d 503, 37 Cal.Rptr. 471 (1964); cf. King v. Dade County Board of Public Instruction, 286 So. 2d 256 (Fla. 3d DCA 1973) cert. denied, 294 So. 2d 89 (Fla.1974); compare Solomon v. City of North Miami Beach, 256 So. 2d 399 (Fla. 3d DCA 1972).
The issues of negligence and legal cause in this case were not properly susceptible of summary disposition. Wills v. Sears, Roebuck & Co., 351 So. 2d 29 (Fla.1977); Visingardi v. Tirone, 193 So. 2d 601 (Fla.1966); Holl v. Talcott, 191 So. 2d 40 (Fla.1966).
Accordingly, the summary judgment is reversed and the cause remanded for a jury trial.
Reversed and remanded.
CHARLES CARROLL (Ret.), Associate Judge, dissents.
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Citator
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Rupp v. Bryant, 417 So. 2d 658 (Fla. 1982)…81 So. 2d 1 (Fla. 1973), nor do we address prospective application of the amendments. . See also Benton v. School Bd., 386 So. 2d 831 (Fla. 4th DCA 1980) (recognizing general duty of school to supervise students); Barrera v. Dade County School Bd., 366 So. 2d 531 (Fla. 3d DCA 1979). . See King v. Dade County Bd. of Pub. Instruction, 286 So. 2d 256 (Fla. 3d DCA 1973), cert. denied, 294 So. 2d 89 (Fla.1974). . Proehl, Tort Liability of Teachers, 12 Vand. L.Rev. 723, 740 n.96 (1959). . The Bryants quoted the…
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Collins v. The Sch. Bd. OF Broward Cnty., 471 So. 2d 560 (Fla. 4th DCA 1985)…is entrusted with the care of the students and has a legal duty to properly supervise student activity. Rupp v. Bryant, 417 So. 2d 658 (Fla.1982); Benton v. School Board of Broward County, 386 So. 2d 831 (Fla. 4th DCA 1980); Barrera v. Dade County, 366 So. 2d 531 (Fla. 3d DCA 1979); see also Dailey v. Los Angeles Unified School District, 2 Cal.3d 741, 87 Cal.Rptr. 376, 470 P. 2d 360 (1970). We discussed the appropriate standard of care in Benton, supra, noting that: [*564] In those instances where lack or i…
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Benton v. The Sch. Bd. OF Broward Cnty., 386 So. 2d 831 (Fla. 4th DCA 1980)…0, 381 N.Y.S.2d 566 (4th Dept. 1976); Annot., 36 A.L.R.3d 330 (1971). Teachers and school boards do, however, have an obligation to supervise the activity of students when the school is entrusted with their care. Barrera v. Dade County School Board, 366 So. 2d 531 (Fla.3d DCA 1979); McLeod v. Grant County School Dist. No. 128, 42 Wash.2d 316, 255 P. 2d 360 (1953); Annot., 38 A.L.R. 3d 843 (1971). In those instances where lack or insufficiency of supervision is charged, the teacher’s duty of care to the pupil…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gory Roofing Tile Mfg., Inc. v. Davison, 191 So. 2d 40 (Fla. 1966)
- Wills v. Sears, 351 So. 2d 29 (Fla. 1977)
- Visingardi v. Tirone, 193 So. 2d 601 (Fla. 1966)
- King v. The Dade Cnty. Bd. OF Pub. Instruction, 286 So. 2d 256 (Fla. 3d DCA 1973)
- The Citizens & S. Nat'l Bank v. Orange Plumbing & Heating Co., Inc., 294 So. 2d 89 (Fla. 1974)
- McGAHEE v. The Dade Cnty. Bd. OF Pub. Instruction, 279 So. 2d 87 (Fla. 3d DCA 1973)
- Solomon v. The City OF N. Miami Beach, 256 So. 2d 399 (Fla. 3d DCA 1972)
- Booker v. Okaloosa Bd. OF Pub. Instruction, 323 So. 2d 619 (Fla. 1st DCA 1975)