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PRUNIER v. CITY OF WATERTOWN

No. 1413, Docket 91-7026.

936 F.2d 677 (1991)

Elizabeth PRUNIER, as permanent guardian of Sean M. McDermott, Plaintiff-Appellant, v. CITY OF WATERTOWN, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 17, 1991.

Attorney(s) appearing for the Case

Carolyn R. Friedman, Syracuse, N.Y. (Birnbaum McDermott & Friedman, Syracuse, N.Y., of counsel), for plaintiff-appellant.

George H. Lowe, Syracuse, N.Y. (Robert J. Slye, Robert H. Kirchner, Bond, Schoeneck & King, Syracuse, N.Y., of counsel), for defendant-appellee.

Before OAKES, Chief Judge, WINTER, Circuit Judge, and PATTERSON, District Judge.

WINTER, Circuit Judge:

Plaintiff Elizabeth Prunier, as guardian for Sean McDermott, appeals from a grant of summary judgment in favor of the defendant City of Watertown. The district court ruled that Prunier lacked sufficient evidence to allow a reasonable jury to find that defendant's negligence was the proximate cause of McDermott's injuries. We reverse and remand.

BACKGROUND

On September 27, 1986, McDermott, a Second Lieutenant in the Army, attended...

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