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CRUZ v. METROPOLITAN DADE COUNTY

No. 76-1651.

350 So.2d 533 (1977)

Carlos CRUZ and Luz Cruz, His Wife, Appellants, v. METROPOLITAN DADE COUNTY et al., Appellees.

District Court of Appeal of Florida, Third District.

October 4, 1977.

Attorney(s) appearing for the Case

Preddy, Haddad, Kutner, Hardy & Josephs and John A. Thompson, Jr., Miami, for appellants.

Carey, Dwyer, Cole, Selwood & Bernard and Steven R. Berger, Miami, for appellees.

Before PEARSON, NATHAN and HUBBART, JJ.

PER CURIAM.

The plaintiffs Carlos Cruz and Luz Cruz, his wife, sued Metropolitan Dade County claiming damages from the County because Mr. Cruz was injured while swimming in the waters off Rickenbacker Causeway. While Cruz was engaged in the activity of "snorkeling," he was struck by a motorboat. After discovery and the filing of affidavits, Dade County moved for summary final judgment. The summary final judgment was entered for Dade County, and the plaintiffs have...

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