CASSEL v. PRICE

No. XX-15.

396 So.2d 258 (1981)

Kenneth F. CASSEL and Shirley Ann Cassel, Personal Representatives of Kenneth Reagan Cassel, Deceased, Appellants, v. J. Frank PRICE, Fred D. Higginbotham, and Fred Crews, Their Successors and Assigns, As Trustee for First United Pentecostal Church, Also Known As Jacksonville Christian Academy and Preferred Risk Mutual Insurance Company, Appellees.

District Court of Appeal of Florida, First District.

April 7, 1981.


Attorney(s) appearing for the Case

David R. Lewis, of Lewis, Paul, Isaac & Castillo, and Mary L. Nelson, of Penland, McCranie & Shad, Jacksonville, for appellants.

William R. Swain and William T. Stone, of Webb, Swain & Watson, Jacksonville, for appellees.


LARRY G. SMITH, Judge.

Appellants appeal a final summary judgment finding no liability in their suit seeking damages for the death of their eleven year old son, who died as a result of a fall from a mulberry tree on the grounds of appellees' private church school, at which the child was a student. Appellants contend that the trial court erred in rejecting their claim of liability based upon the attractive nuisance doctrine, as well as upon ordinary negligence principles...

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