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Duval County School Board v. Kebert8/23/2005
The Duval County School Board (school board) appeals from a partial summary judgment finding it liable in tort for operation of a school bus and awarding damages to Scott Kebert, the appellee. The issue presented is whether the trial court erred in granting summary judgment against the school board, holding it liable in tort for the negligent acts of its independent contractors pursuant to section 234.03(1), Florida Statutes (1999), contrary to the ruling of this court in Dixon v. Whitfield, 654 So. 2d 1230 (Fla. 1st DCA 1995). Our holding in Dixon rejected the proposition that section 234.03(1) established a non- delegable duty on the part of the school board regarding transportation of students. We, therefore, hold that the trial court erred in imposing liability on the school board for the acts of an independent contractor, and we reverse the order imposing such liability.
The school board entered into an agreement with Bernice Duhart, a school bus contractor and owner, for Duhart to provide transportation for students of the Duval County School Board. On November 7, 2000, Kebert was injured when a school bus transporting students pursuant to the contractor's agreement ran into Kebert's vehicle. The school bus was being driven by Ms. Duhart's employee, Tommy McDowell.
Kebert filed a three-count Second Amended Complaint in circuit court against Bernice Duhart, Tommy McDowell, and the Duval County School Board. Count I of the Second Amended Complaint was an action in tort against Duhart and McDowell for the negligent use, maintenance, and ownership of the school bus which was the proximate cause of injury to Kebert; count II was an action against the Duval County School Board which alleged the vicarious liability of the school board pursuant to the doctrine of respondeat superior; count III was an action against the Duval County School Board for liability statutorily imposed pursuant to section 234.03(1), Florida Statutes (1999).
The school board moved for summary judgment as to count II, liability pursuant to the doctrine of respondeat superior; and both Kebert and the school board moved for summary judgment as to count III, liability pursuant to section 234.03(1). On January 15, 2003, the circuit court granted the school board's motion as to count II, finding no liability pursuant to the doctrine of respondeat superior; however, the court denied the school board's motion as to count III, holding the school board liable for the operation of the school bus pursuant to section 234.03(1).
Our opinion in Dixon controls the outcome in this case. In Dixon, as in the instant case, it was argued that the school board should not be allowed to escape liability by choosing to contract out transportation services; that argument was rejected by this court:
he fact [that] the school board is required by law to provide transportation for its students and is required by law to have maximum regard for safety in so doing, does not translate into a non-delegable duty. School boards owe their pupils a duty of reasonable care in providing them with safe transportation, but they are "not insurers of students' safety." Harrison v. Escambia County Sch. Bd., 434 So. 2d 316, 319 (Fla. 1983). While appellants argue the Board should not be allowed to avoid liability by choosing to contract for buses from outside sources, the statutes themselves, as well as the regulations promulgated pursuant to chapter 234, clearly allow the School Board to do so, provided the contractors have the necessary insurance coverage and the buses are properly inspected and maintained. ยงยง 234.03(4), 234.041, Fla. Stat. (1987); Fla. Admin. Code R. 6A-3.017(4), (7) (1987).
Dixon, 654 So.
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