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PASSARO v. CITY OF SUNRISE

No. 81-2056.

415 So.2d 162 (1982)

Shirley PASSARO, Individually, and As Mother and Next Friend of Erik Passaro, a Minor, Appellant, v. The CITY OF SUNRISE, Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 23, 1982.

Attorney(s) appearing for the Case

Charles H. Sinclair of Krupnick & Campbell, P.A., Fort Lauderdale, for appellant.

Jane Kreusler-Walsh and Larry Klein, West Palm Beach, and Pyszka & Kessler, Fort Lauderdale, for appellee.

WALDEN, Judge.

This was an action for personal injuries. Summary final judgment was entered in favor of Defendant, City of Sunrise. Plaintiff appeals. We reverse and remand.

The undisputed facts reveal that in February, 1980, the Plaintiff, Shirley Passaro, took her son, Erik, age 3, to an athletic event at Dawson Field which was owned and maintained by Defendant, City of Sunrise. At that time, one of the wooden seats from the bleachers had been removed, leaving...

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