Archbishop Coleman F. Carroll High School v. Maynoldi
35 Fla. L. Weekly D344a (Fla. 3rd DCA 2010) (February)
After consuming alcohol at a party (which was not school sponsored), a high school student drove away with his girlfriend and got into a serious accident. The student was rendered quadriplegic and his girlfriend was killed. The student’s family brought suit against the school, arguing that it was liable for the party and ensuing accident. School administrators had become aware of the party before it happened and had done a skit over the school
public address system meant to imply that they might break it up. The principal also stopped by the party to make sure that there were parents at the house, but did not go to the back (where students were drinking) or ask anyone to leave. At trial, the jury awarded a significant judgment to the student’s family and found that the school was 25 percent responsible for the party. The school had raised section 768.36(2), Florida Statutes, which states that a plaintiff may not recover for an incident which is more than 50 percent his or her fault as a result of consuming alcohol, as an affirmative defense. The trial court struck this defense, ruling that the student’s parents, and not the student, were the plaintiffs. Also, the trial court excluded records which showed that the student had previously been treated for alcohol abuse. The district court reversed the verdict, and the rulings regarding section 768.36(2), and the student’s treatment records. The district court held that the party was not sponsored by the school or any of its organizations and that the principal did not undertake responsibility for it when he stopped by. The school had no duty to supervise its students at the time the party took place. The district court also held that the trial court’s argument regarding section 768.36(2) stretched statutory interpretation “to an absurd level” and that the student’s prior treatment records were relevant to the proceedings.