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NEILSON EX REL. NEILSON v. CITY OF TAMPA

Nos. 79-1510, 80-357.

400 So.2d 799 (1981)

William M. NEILSON, a Minor, Kim L. Neilson, a Minor, Robert F. Neilson, a Minor, by and through Their Father and Next Friend, William E. Neilson, and William E. Neilson, Individually, and Patricia P. Neilson, Appellants, v. CITY OF TAMPA, a Municipal Corporation; Harvey Daniel Glisson; Belcher Oil Company, a Florida Corporation; Home Insurance Company, a New York Corporation; Department of Transportation, an Agency of the State of Florida; and Hillsborough County, a Political Subdivision of the State of Florida, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied July 15, 1981.

Attorney(s) appearing for the Case

Simons & Schlesinger, P.A., Fort Lauderdale and Joel D. Eaton of Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow & Olin, P.A., Miami, for appellants.

Robert H. Bonanno, Asst. City Atty., Tampa, for appellee City of Tampa.

Alan E. DeSerio, Ella Jane P. Davis, H. Reynolds Sampson and Jay O. Barber, Tallahassee, for appellee Department of Transportation.

Joseph W. Clark, Raymond T. Elligett, Jr. and Charles P. Schropp of Shackleford, Farrior, Stallings & Evans, P.A., Tampa, for appellee Hillsborough County.

RYDER, Judge.

The Neilsons appeal from the dismissal of their personal injury complaint against the City of Tampa, Hillsborough County and the Department of Transportation. Appellants allege that the lower court erred in finding the governmental defendants immune from suit in light of the supreme court's opinion in Commercial Carrier Corporation v. Indian River County, 371 So.2d 1010 (Fla. 1979). We agree that defendants...

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