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BAIONE v. CITY OF TAMPA

No. 7217.

199 So.2d 743 (1967)

Cecelia BAIONE and Paul N. Baione, Sr., Appellants, v. The CITY OF TAMPA and Charles M. Drake, Appellees.

District Court of Appeal of Florida. Second District.

Rehearing Denied July 7, 1967.

Attorney(s) appearing for the Case

Ronald K. Cacciatore, of Yado, Keel & Nelson and Joseph W. Gross, Tampa, for appellants.

Theodore C. Taub, Tampa, for appellee The City of Tampa.

A. Broaddus Livingston, of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Tampa, for appellee, Charles M. Drake.

SHANNON, Judge.

This is an action for damages for injuries received by plaintiff Cecelia Baione when she fell on a sidewalk in the City of Tampa.

On April 4, 1965, at approximately 10:00 A.M., this plaintiff, a 59-year old woman, was walking home from the laundromat. She had walked along this sidewalk many times prior to the accident and knew that the sidewalk was defective and dangerous. She did not know how far she had walked before she fell and could not...

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