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Plaintiff alleges negligence by Pinellas County School Board after student's assault

FLORIDA RECORD

Tuesday, December 17, 2024

Plaintiff alleges negligence by Pinellas County School Board after student's assault

State Court
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6th Judicial Circuit of Florida Pinellas County | Official Website

In a troubling case that raises questions about student safety and school accountability, a parent has filed a lawsuit against a local school board following an alleged violent incident involving their child. On December 5, 2024, Tremicolus Fagan filed a complaint in the Circuit Court of the Sixth Judicial Circuit in Pinellas County, Florida, against the Pinellas County School Board.

The lawsuit arises from an incident on February 6, 2024, when Nevaeh Roberts, a student at Azalea Middle School within the Pinellas County School District, was reportedly assaulted by another student. The complaint alleges that the school's personnel failed in their duty to supervise students adequately and ensure a safe learning environment. According to the filing, this negligence led to Roberts suffering significant injuries and emotional distress. The plaintiffs argue that "Azalea Middle School’s personnel negligently breached the duty to supervise" and failed to intervene or prevent the altercation effectively.

The complaint further asserts that the Pinellas County School Board did not adhere to its policies aimed at preventing violence in schools. This failure is claimed to have directly contributed to Roberts' injuries. The plaintiffs emphasize that governmental entities like school boards are not shielded by sovereign immunity when performing operational functions such as student supervision. Thus, they argue that the defendant's actions—or lack thereof—are not protected under this legal doctrine.

As a result of these events, Nevaeh Roberts is said to have endured physical injuries leading to pain and suffering, disability, disfigurement, mental anguish, and other long-term effects impacting her quality of life and future earning capacity. Her mother, Tremicolus Fagan, claims additional financial burdens due to medical expenses incurred for her daughter's treatment.

The plaintiffs are seeking damages exceeding $50,000 from the Pinellas County School Board for both Nevaeh's injuries and Tremicolus Fagan's expenses related to her daughter's care. They demand a jury trial to resolve these issues and hold the school board accountable for what they perceive as gross negligence.

Representing the plaintiffs is Joseph R. North Sr., Esq., from The North Law Firm P.A., based in Fort Myers, Florida. The case has been assigned Case Number 24-005311-CI in front of Judge Ken Burke at the Circuit Court of Pinellas County.

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