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MILANESE v. CITY OF BOCA RATON

No. 4D09-5247.

PETER MILANESE, as Personal Representative of the ESTATE OF CHRISTOPHER MILANESE, Appellant, v. CITY OF BOCA RATON, FLORIDA, Appellee.

District Court of Appeal of Florida, Fourth District.

July 20, 2011.

Attorney(s) appearing for the Case

James K. Green of James K. Green, P.A., West Palm Beach, for appellant.

Matthew H. Mandel and Laura K. Wendell of Weiss Serota Helfman Pastoriza Cole & Boniske, P.L., Coral Gables, for appellee.

STEVENSON, J.

This appeal stems from a complaint alleging negligence and wrongful death against the City of Boca Raton for the death of Christopher Milanese, which occurred shortly after his release from police custody. The trial court dismissed the complaint with prejudice for failure to state a claim. Because we conclude that the complaint sufficiently alleges a cause of action, we reverse.

The complaint alleges that, on the night Milanese was taken into...

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