McBURNETTE v. PLAYGROUND EQUIPMENT CORP.

No. 60-232.

130 So.2d 117 (1961)

John Scott McBURNETTE, a minor, by his father and next friend, John O. McBurnette, and John O. McBurnette, individually, Appellants, v. PLAYGROUND EQUIPMENT CORP., a Florida corporation, and Stelber Cycle Corporation, a New York corporation, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied June 8, 1961.


Attorney(s) appearing for the Case

Larry Hastings, Samuel Z. Goldman, Miami, and Alan R. Schwartz, Miami Beach, for appellants.

Lane, Primm, Lane & Carrier and Verne L. Freeland, Miami, for appellees.


PER CURIAM.

This is an appeal from an order dismissing one of two defendants from plaintiffs' action for personal injury. The only issue involved is whether the complaint stated a cause of action against the defendant-appellee Playground Equipment Corp. We hold that the complaint was sufficient and reverse.

It was alleged that John Scott McBurnette, the three year old son of John O. McBurnette, while playing on a piece of playground equipment known as a "slide...

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