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CARABEO v. METROPOLITAN DADE COUNTY

No. 77-2358.

355 So.2d 860 (1978)

Raul CARABEO, Jr., a Minor, by and through His Parents, Raul Carabeo, Sr., and Aida Carabeo and Raul Carabeo, Sr., and Aida Carabeo, Individually, Plaintiffs, v. METROPOLITAN DADE COUNTY, Etc., et al., Defendants.

District Court of Appeal of Florida, Third District.

March 7, 1978.

Attorney(s) appearing for the Case

Horton, Perse & Ginsberg, Miami, Bernard H. Butts, Jr., Hialeah, for plaintiffs.

Stuart Simon, Dade County Atty. and Mark A. Dresnick, Asst. County Atty., for defendants.

Before PEARSON, HUBBART and KEHOE, JJ.

PER CURIAM.

The following question has been certified from the Circuit Court of Dade County pursuant to Fla.App. Rule 4.6. The question is:

Whether under the provisions of extant Section 768.28, Florida Statutes (regarding waiver of sovereign immunity, recognizing the State and its subdivisions have the same tort liability as a private person) a tort claimant must allege and prove a special duty (owed to a special class of persons rather than to the public...

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