[DOWNLOAD] "Carestio v. School Board of Broward County" by In the District Court of Appeal of the State of Florida Fourth District January Term 2004 # Book PDF Kindle ePub Free

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eBook details

• Title: Carestio v. School Board of Broward County
• Author : In the District Court of Appeal of the State of Florida Fourth District January Term 2004
• Release Date : January 18, 2004
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 71 KB

Description

Alexander D. Carestio and Lydia Carestio filed suit on behalf of their minor son, Marc Carestio, against the Broward County School Board, Eugene Cross, Marc Schettino, and Arthur Brown. The complaint contains two counts based on violations of 42 U.S.C. § 1983 and two counts based on battery. 1 The counts alleging violations of 42 U.S.C. § 1983 were removed to federal court and ultimately dismissed. The School Board filed a Motion for Summary Judgment on Count five, the claim of battery based on vicarious liability for the actions of its three employees. The trial court granted the motion and entered a Final Summary Judgment in favor of the School Board on the basis that sovereign immunity barred the claim against the School Board. The Carestios appeal the Final Summary Judgment. We reverse. Section 768.28, Florida Statutes (1999), provides for a waiver of sovereign immunity in tort cases. However, section 768.28(9)(a) outlines a limitation on the State's vicarious liability in certain circumstances. It states in relevant part:

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