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DISTRICT SCH. BD. OF LAKE CTY. v. TALMADGE

No. 53716.

381 So.2d 698 (1980)

DISTRICT SCHOOL BOARD OF LAKE COUNTY, Sonny Walters, and Auto Owners Insurance Company, Petitioners, v. Robert TALMADGE, by His Next Friend and Natural Guardian, Billy Talmadge, and Billy Talmadge, Individually, Respondents.

Supreme Court of Florida.

Rehearing Denied April 18, 1980.

Attorney(s) appearing for the Case

Monroe E. McDonald, of Sanders, McEwan, Mims & McDonald, Orlando, for petitioners.

David M. Hammond, of Meyers, Mooney & Adler, Orlando, for respondents.

Michael P. McMahon, of Akerman, Senterfitt & Eidson, Orlando, and Jim Smith, Atty. Gen., and Horace Schow II, Asst. Atty. Gen., Tallahassee, for Jerome L. Barber, amicus curiae.

Stuart Simon, Dade County Atty., and Mark A. Dresnick, Asst. County Atty., Miami, for Dade County, Florida, amicus curiae.

Mel R. Martinez, of Billings, Frederick, Wooten & Honeywell, Orlando, for Bane Cheek and Fred Cheek, amicus curiae.

Larry Klein, West Palm Beach, for The Academy of Florida Trial Lawyers, amicus curiae.

George Stelljes, Jr., President for Florida Defense Lawyers Association, Jacksonville, amicus curiae.

ENGLAND, Chief Justice.

We here interpret one aspect of the state's waiver of sovereign immunity statute, against a background of conflicting district court decisions. Donner v. Hetherington, 370 So.2d 1225 (Fla. 3d DCA 1979); Talmadge v. District School Board, 355 So.2d 502 (Fla. 2d DCA 1978); Paul v. Heritage Insurance Co. of America, 363 So.2d 563

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