ORLANDO v. BROWARD COUNTY

No. 4D04-4868.

920 So.2d 54 (2005)

Huguette ORLANDO, as personal representative of the Estate of Caleb Orlando, deceased, Appellant, v. BROWARD COUNTY, FLORIDA, the City of Dania Beach, and School Board of Broward County, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 22, 2006.


Attorney(s) appearing for the Case

Lawrence B. Friedman of The Friedman Law Firm, P.A., Boca Raton, for appellant.

Dorsey C. Miller, III of Haliczer, Pettis & Schwamm, P.A., Fort Lauderdale, for appellee School Board of Broward County.


GROSS, J.

In this case we hold that sovereign immunity bars a mother's claim against a school board for the death of her son. The school board's decision on when to begin and end the school day was a discretionary, planning-level decision. The facts of the case do not give rise to a situation where the school board had an operational level duty to warn of a dangerous condition that it created, which was not readily apparent, so that it constituted a trap for...

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