CITY OF MIAMI v. NELSON

No. 65-513.

186 So.2d 535 (1966)

CITY OF MIAMI, a Municipal Corporation, Lewis B. Cruz, Jr., Robert Ingraham, and Brynley Smith, Appellants, v. J.C. NELSON, a Minor, by His Mother and Next Friend, Clara Nelson, and Clara Nelson, Individually, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied June 7, 1966.


Attorney(s) appearing for the Case

Richard B. Stone, City Atty., and John S. Lloyd, Asst. City Atty., for appellants.

Highsmith & Ezzo, Miami, Richard H.W. Maloy, Coral Gables, for appellees.

Before TILLMAN PEARSON, CARROLL and BARKDULL, JJ.


BARKDULL, Judge.

By this appeal, the appellants [who were defendants in the trial court] seek review of a final judgment rendered upon an adverse jury verdict in an action brought by the appellees seeking damages for injuries sustained by the plaintiff, J.C. Nelson.

The cause was submitted to the jury upon the theory of an intentional tort on the part of the individual appellants, as policemen of the City of Miami, in using excessive force in apprehending...

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