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WILLIS v. DADE COUNTY SCHOOL BD.

No. 81-335.

411 So.2d 245 (1982)

Elisa A. WILLIS, a Minor by and through Her Father and Next Friend Wendell Willis, Sr., and Wendell Willis, Sr., Individually, Appellants, v. DADE COUNTY SCHOOL BOARD, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 13, 1982.

Attorney(s) appearing for the Case

Alldredge & Gray and James H. Gray, Jr., Miami, for appellants.

Peters, Pickle, Flynn, Niemoeller, Stieglitz & Downs and Nancy F. Schleifer, Miami, for appellee.

Before HENDRY, NESBITT and FERGUSON, JJ.

FERGUSON, Judge.

Appellant Elisa Willis sued Dade County School Board for damages pursuant to Section 768.28, Florida Statutes (1979) waiving sovereign immunity in tort actions. In her amended complaint, Willis contends that a physical education teacher employed by the county maliciously assaulted and battered her during regular school hours and caused her injury. The trial court dismissed with prejudice Willis' amended complaint for failure to state a cause of action...

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