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FRANCIS v. SCHOOL BD. OF PALM BEACH COUNTY

No. 4D08-3953.

29 So.3d 441 (2010)

Sherley FRANCIS, as Personal Representative of the Estate of Kodijah Tulloch, Deceased, Appellant, v. SCHOOL BOARD OF PALM BEACH COUNTY, Appellee.

District Court of Appeal of Florida, Fourth District.

March 10, 2010.

Attorney(s) appearing for the Case

John R. Whittles of Richman Greer, P.A., West Palm Beach, for appellant.

Randall D. Burks and Gerald A. Williams, West Palm Beach, for appellee.

DAMOORGIAN, J.

Sherley Francis, as Personal Representative of the Estate of Kodijah Tulloch, brought suit against the School Board of Palm Beach County (the school board) seeking damages for the death of her daughter, who was struck and killed by an automobile while walking to her school bus stop. The school board filed a motion to dismiss arguing that it was sovereignly immune from suit because the placement of a school bus stop is a planning-level function. The...

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