DAVIS v. CITY OF MIAMI

No. 89-2722.

568 So.2d 1301 (1990)

Mary DAVIS, by and through Her Mother and Guardian, Thelma Davis, Appellants, v. CITY OF MIAMI, a Municipal Corporation and Political Subdivision of the State of Florida, Appellees.

District Court of Appeal of Florida, Third District.

October 16, 1990.


Attorney(s) appearing for the Case

Klemick & Gampel and Herman M. Klemick, Miami, for appellants.

Jorge L. Fernandez, City Atty., and Kathryn S. Pecko and Charles C. Mays, Asst. City Attys., for appellees.

Before HUBBART, FERGUSON and COPE, JJ.


PER CURIAM.

This is an appeal by the plaintiff Mary Davis, by and through her mother and guardian Thelma Davis, from an adverse final summary judgment entered in a negligence action; the subject action arose out of a criminal assault suffered by the plaintiff while walking in a park owned by the defendant City of Miami after the park was closed. We affirm based on the following briefly stated legal analysis.

First, the plaintiff was, as a matter of law, a...

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