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DEFENDANT’S Negligent Security – Claimed lack of personnel during dismissal at middle school – Plaintiff is injured by fellow student – Wrist fracture with surgery.

Palm Beach County, FL

The plaintiff was a 14-year-old student at the defendant School District of Palm Beach County’s Watson B. Duncan Middle School. He claimed that the defendant failed to provide adequate security or school personnel to prevent him from being injured by another student. The defendant argued that it had teachers and administrators stationed throughout the school at dismissal and there was no reasonable ability to prevent the incident.

The plaintiff testified that he reported to the school principal that he had been bullied by a classmate, but the principal failed to take any action on his behalf. The plaintiff alleged that the same boy subsequently started a fight with him after school, struck him and knocked him to the ground. The plaintiff sustained a wrist fracture and required surgery as a result of the incident

The defendant’s principal denied receiving any reports of bullying by the plaintiff. The defense maintained that it had a security plan in place involving teachers and administrators being stationed at various locations throughout the school at dismissal. The defendant argued that its staff could not reasonably cover every part of the school and could not prevent the short incident. The defendant also contended that the plaintiff had made a good recovery from his wrist fracture.The jury found no negligence on the part of the defendant which was a legal cause of injury to the plaintiff.

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