Legal Question in Personal Injury in Florida

THE FACTS:

John is a pupil at Estero Middle School. Dave is the principal of the school. For several weeks John has been subject to severe bullying from Phil, a fellow pupil. Dave is aware that the bullying is taking place but takes no steps to stop or punish Phil. Phil continues the bullying. Eventually, John can take no more and swallows some bleach in an attempt to kill himself. Janet discovers John foaming at the mouth and goes into shock. Sammy rings for an ambulance. The ambulance takes one hour to arrive when the normal response time would be twenty-five minutes. By the time Ace Ambulance arrives John is dead. It is determined that had Ace arrived twenty-five minutes after Sam’s call, John would probably have died anyway but there was a 20% chance that with proper treatment he would have pulled through. Janet now suffers from severe depression.

Discuss possible suits in negligence and applicable defenses for all concerned.

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