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MAZZEO v. CITY OF SEBASTIAN

No. 72744.

550 So.2d 1113 (1989)

Mary Rose MAZZEO, Petitioner, v. CITY OF SEBASTIAN, Etc., Respondent.

Supreme Court of Florida.

October 26, 1989.

Attorney(s) appearing for the Case

Richard A. Kupfer of Wagner, Nugent, Johnson, Roth, Romano, Eriksen & Kupfer, P.A., West Palm Beach, for petitioner.

Roberts & Reynolds, and Jane Kreusler-Walsh and John Beranek of Klein, Beranek & Walsh, P.A., West Palm Beach, for respondent.

Cathy Jackson Lerman of Cathy Jackson Lerman, P.A., Fort Lauderdale, amicus curiae, for Academy of Florida Trial Lawyers.

Bonita L. Kneeland of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tampa, amicus curiae, for Florida Ass'n for Ins. Review.

GRIMES, Justice.

This case is before the Court upon the certification of the Fourth District Court of Appeal as a matter of great public importance. Mazzeo v. City of Sebastian, 526 So.2d 1003 (Fla. 4th DCA 1988). Pursuant to article V, section 3(b)(4), Florida Constitution, we have jurisdiction. The certified question reads:

IS THE DOCTRINE OF EXPRESS ASSUMPTION OF RISK RESTRICTED TO EXPRESS CONTRACTS NOT TO SUE...

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