Middle school student who was attacked by another student brought negligence action against county school board. The Circuit Court entered judgment on a jury verdict in favor of student. School board appealed.
The District Court of Appeal held that any error in allowing jury to find school board negligent for failing to place student who committed the attack in in-school suspension on the day of the attack, where she was scheduled to be due to a prior disciplinary infraction, was not fundamental error in action brought by the student who was attacked, where school board failed to challenge jury’s alternative finding that school board was negligent in its supervision of student who committed the attack immediately before the attack.