KING v. DADE COUNTY BOARD OF PUBLIC INSTRUCTION

No. 72-1313.

286 So.2d 256 (1973)

Kenneth KING, by and through His Mother and Next Friend, Janet L. Daigneault, and Janet L. Daigneault, Individually, Appellants, v. The DADE COUNTY BOARD OF PUBLIC INSTRUCTION, As a Governmental Agency of the State of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 20, 1973.


Attorney(s) appearing for the Case

Theodore M. Trushin and Michael B. Solomon, Miami Beach, for appellants.

Stephens, Magill, Thornton & Sevier, Miami, for appellee.

Before CARROLL, HENDRY and HAVERFIELD, JJ.


HENDRY, Judge.

Appellants seek review of an order dismissing with prejudice their complaint for damages arising out of an assault and battery suffered by appellant, Kenneth King, while at school.

The complaint alleged that King, who at the time was twelve years old, was assaulted by three students in the rest room at North Miami Junior High School and seriously injured. The incident occurred on April 7, 1970, at the time when the one-year waiver of tort immunity...

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