TAMPA, Fla. -The Frank D. Miles Elementary School located at 317 East 124th Avenue has been accused of ignoring the needs of a child known to suffer from asthma and a lawsuit has been filed against the Hillsborough County School Board.
On November 22, 2022, Daisette Baron filed a legal complaint in the Hillsborough County court system over an incident at the school that happened in February 2020.
The lawsuit states her minor child, a student at the school, was sent by her instructor to the school nurse to lie down. The child had complained she was having trouble breathing. She returned to class but requested again to return to the school nurse. Her instructor denied her request.
The lawsuit claims the instructor’s refusal to let the child return to the nurse resulted in injuries suffered “in or about her body and extremities” and the incurrence of medical expenses.
According to the lawsuit, the child suffered “physically and mentally” and incurred permanent injuries.
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Under a count of “Negligent Supervision of a Student,” the school was accused of failing to supervise the student and general ongoing classroom activities which would have alerted the instructor to the child’s worsening condition. The school was also accused of failing to provide reasonable care.
The lawsuit indicates the school was properly made aware beforehand of the student’s medical condition.
The lawsuit demands compensation in excess of $30,000 for the incident. Florida Statute 768.28 allows the School Board to be sued in civil court under a limited waiver of sovereign immunity.
Civil cases, however, must prove there is a direct failure of an employee demonstrated in the course of fulfilling his or her employment duties on behalf of the State. The suit can only file for compensation and not damages or interest up to the time of a judgment.
The amount that can be awarded is up to a maximum of $200,000 to $300,000. Any more monies to be paid would require an act of Florida’s legislators.
Baron’s attorney is Robert Bonanno of Morgan and Morgan in Lakeland.
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