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METROPOLITAN DADE COUNTY v. GASSIN

Nos. 83-405, 83-469 and 83-657.

449 So.2d 828 (1984)

METROPOLITAN DADE COUNTY and Westinghouse Electric Corporation, Appellants, v. Bruce D. GASSIN, Jr., a Minor, by and through His Parents, Bruce D. Gassin, Sr. and Lee Gassin, and Bruce D. Gassin Sr. and Lee Gassin, Individually, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 19, 1984.

Attorney(s) appearing for the Case

Richard R. McCormack, Wicker, Smith, Blomqvist, Tutan, O'Hara, McCoy, Graham & Lane and Shelley H. Leinicke, Miami, for appellants.

Hershoff & Levy and Jay M. Levy, Miami, for appellees.

Before NESBITT, DANIEL S. PEARSON and FERGUSON, JJ.

PER CURIAM.

The judgment and orders under review in these consolidated appeals are affirmed with one exception. Our examination of the record reveals that Metropolitan Dade County's liability to the plaintiffs could have been predicated only on its ownership of the escalator in question, there being no proof of any fault on the part of the County which played any role in causing the plaintiffs' injuries. Under these circumstances, the trial court erred in failing...

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