LISTER v. CAMPBELL

No. KK-6.

371 So.2d 133 (1979)

Steven Eric LISTER by Lois B. Lister, His Mother and Next Friend As Guardian, Appellant, v. James CAMPBELL and the Insurance Company of North America, Appellees.

District Court of Appeal of Florida, First District.

February 7, 1979.


Attorney(s) appearing for the Case

James B. Swearingen and Robert H. Wilson, III, of Harrell, Wiltshire, Stone & Swearingen, Pensacola, for appellant.

Donald H. Partington, of Clark, Partington, Hart & Hart, Pensacola, for appellees.


ERVIN, Judge.

An appeal from a final summary judgment in an action seeking damages resulting from injuries suffered by Lister caused by an alleged attractive nuisance.

Steven Lister, aged 14 years and 11 months, dove from two posts into an old gravel pit which had filled with water on property owned by Campbell in Escambia County, Florida. His head struck the bottom; his neck was broken and, as a result, he became paralyzed from the waist down. The posts from...

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