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ESTATE OF SMITH v. CITY OF HOLLYWOOD

No. 92-0475.

615 So.2d 204 (1993)

ESTATE OF Helen SMITH, By and Through its Personal Representative, Sheila R. Jordan, and on behalf of the Estate and the Decedent's Survivors, Twinda Smith, Shon Ward, Sheila Jordan and Clydell Crawford, Appellants, v. CITY OF HOLLYWOOD, a political subdivision of the State of Florida, Lieutenant David Kordzikowski, Sergeant Richard Allen and Ms and S Toyota, Inc., d/b/a Toyota of Homestead, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 9, 1993.

Attorney(s) appearing for the Case

Timothy P. Beavers and Michael G. Kaplan of McFann, Beavers & Kaplan, Fort Lauderdale, for appellants.

Michael R. Piper of Johnson, Anselmo, Murdoch, Burke & George, P.A., Fort Lauderdale, for appellee-Kordzikowski.

B.J. Cummins of Cummins, Bass And Diaz, P.A., Fort Lauderdale, for appellee-Allen.

OWEN, WILLIAM C., Jr., Senior Judge.

Appellants' decedent died as a result of injuries sustained when the car which she was operating was struck by a speeding vehicle being pursued by units of the Hollywood Police Department. The trial court dismissed with prejudice that count of appellants' amended complaint which sought to state a cause of action under 42 U.S.C. § 1983 against two of the police officers involved in the high speed chase. We affirm the judgment...

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