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TALMADGE v. DIST. SCH. BD. OF LAKE CTY.

No. 80-1263.

406 So.2d 1127 (1981)

Robert TALMADGE, by His Next Friend and Natural Guardian, Billy Talmadge, and Billy Talmadge, Individually, Appellants, v. DISTRICT SCHOOL BOARD OF LAKE COUNTY, Sonny Walters and Auto Owners Insurance Company, Appellees.

District Court of Appeal of Florida, Fifth District.

As Corrected on Denial of Rehearings December 16, 1981.

Attorney(s) appearing for the Case

David M. Hammond of Meyers, Mooney & Adler, P.A., Orlando, for appellants.

Monroe E. McDonald of Sanders, McEwan, Mims & McDonald, Orlando, for appellees.

Jim Smith, Atty. Gen. and Miguel A. Olivella, Jr., Asst. Atty. Gen., Tallahassee, for Office of Attorney General, as Intervenor.

COBB, Judge.

In 1976, Billy Talmadge, on behalf of his son, Robert Talmadge, sued the District School Board of Lake County, and its insurer, Auto Owners Insurance Company, and a physical education instructor, Sonny Walters, for an injury that occurred to Robert Talmadge during physical education class.

Sonny Walters moved to dismiss on the ground that there was no cause of action against him due to section 768.28(9), Florida Statutes (1975). The trial court...

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