School That Stradles Busy Highway May Not Be Such A Hot Idea

Bob Carroll

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Can a school be legally liable if one of its students is struck by a vehicle while crossing a public highway between a dormitory and a building housing the cafeteria, mail center, and bus stop? According to a new appellate court decision in Florida:

The school's decision to place its dormitory buildings on either side of a busy urban highway, requiring its students on one side to cross the highway on a daily basis for meals and other necessities of student life foreseeably created a greater zone of danger for its students from injuries while crossing. We think plaintiff alleged enough to be allowed to offer evidence on her claim.

That is legal talk for: the school can be held liable if a jury feels it acted unreasonably.

ROSEMARY ALMARANTE, Appellant, v. THE ART INSTITUTE OF FORT LAUDERDALE, INC., Appellee. 4th District. Case No. 4D05-1710. February 8, 2006. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Leroy H. Moe, Judge; L.T. Case No. 04-010635 CACE.