MARIA RODRIGUEZ, AS PARENT AND NATURAL GUARDIAN OF LESLIET ANDRADE, A MINOR, APPELLANT,
v.
DISCOVERY YEARS, INC., APPELLEE
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The court held that a school teacher is not obligated to supervise the area around a bathroom door to prevent injuries like the one sustained by the child.
[1] No liability can be attached to other persons for some accidents.
[2] A teacher is not obliged to prevent injuries occurring at a bathroom door when supervising other students.
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Join FLexlaw to unlock all legal intelligenceA child was injured when her finger was trapped by a closing bathroom door at school. The teacher was busy assisting other students and did not witnes…
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FLETCHER, Judge.
Maria Rodriguez, on behalf of her six-year-old daughter, Lesliet, appeals from a final summary judgment in favor of Discovery Years, Inc., in a negligent supervision case. We affirm the judgment and write only to emphasize that there occur some accidents for which no liability can be attached to other persons.
Here Lesliet was injured at Discovery Years school while playing with a “Nerf” ball. As she went to retrieve the ball she grabbed at the bathroom door jamb to keep herself from falling. Unfortunately, at precisely that split second another student, who had just entered the bathroom, was closing the door. Lesliet’s finger was trapped, cutting off its tip. The teacher in the classroom was busy helping other stu dents with their work and did not observe the incident.
Lesliet underwent surgery to reattach the tip and reconstruct the finger. Her mother sued the school on a theory of negligent supervision.1 The trial court entered summary judgment against her, a correct decision on its part.
When faced with a similar situation, the Fourth District Court of Appeal concluded that the teacher was not obliged (had no duty) to sit watch over the bathroom door so as to prevent an injury such as the one here (and there). Benton v. School Bd. of Broward County, 386 So. 2d 831 (Fla. 4th DCA 1980). We will not attempt here to restate the legal logic of Benton, with which we wholly agree; rather we encourage our readers (hoping there are some in addition to the instant parties), especially those contemplating the filing of an action similar in nature, to read Benton. As we earlier observed, some accidents occur without the attachment of liability on others.
Affirmed.
. The mother contended that the area by the door was not "designated” as a "play” area, thus Lesliet was negligently permitted to play there. One assumes from this that if it had been "designated” as a play area, the same event would not be actionable. There was, however, no inherent danger in playing at the area, designation or no designation.
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Miami-Dade Cnty. Sch. Bd. v. A.N., SR., 905 So. 2d 203 (Fla. 3d DCA 2005)…ave reached the jury because it was not negligent as a matter of law. In making this argument, the School Board relies primarily upon Benton v. School Bd. of Broward County, 386 So. 2d 831 (Fla. 4th DCA 1980), and Rodriguez v. Discovery Years, Inc., 745 So. 2d 1148 (Fla. 3d DCA 1999), in which this court adopted the reasoning in Benton. Both Benton and Rodriguez are negligent supervision cases involving situations where a student, while briefly out of the sight of the teacher, was injured as a result of their…
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The Sch. Bd. OF Miami-Dade Cnty. v. Nelly Martinez-Oller, 167 So. 3d 451 (Fla. 3d DCA 2015)…e School Board in AN, Sr., albeit unsuccessfully in support of its position there, but which are instructive and controlling here. See Benton v. School Bd. of Broward County, 386 So. 2d 831 (Fla. 4th DCA 1980) and Rodriguez v. Discovery Years, Inc., 745 So. 2d 1148 (Fla. 3d DCA 1999). In Benton v. School Board of Broward County, the accident occurred at the Bro-ward Estates Elementary School where two classrooms were attached by a common hallway. Off the hallway was a door to the girls’ bathroom and a door to…
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Tiphanie-Nicole Parra v. Tutor Time Learning Sys., Inc., 925 So. 2d 1151 (Fla. 4th DCA 2006)…PER CURIAM. Affirmed. See Rodriguez v. Discovery Years, Inc., 745 So. 2d 1148 (Fla. 3d DCA 1999); Benton v. School Board of Broward Co., 386 So. 2d 831 (Fla. 4th DCA 1980). STEVENSON, C.J., GUNTHER and MAY, JJ., concur.…
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- Benton v. The Sch. Bd. OF Broward Cnty., 386 So. 2d 831 (Fla. 4th DCA 1980)