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CITY OF FORT LAUDERDALE v. TODARO

No. 92-3093.

632 So.2d 655 (1994)

CITY OF FORT LAUDERDALE, of Broward County, a Municipality of the State of Florida, Appellant, v. Byron TODARO, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and Rehearing Denied March 25, 1994.

Attorney(s) appearing for the Case

Robert H. Schwartz, Gunther & Whitaker, P.A., Fort Lauderdale, for appellant.

Roger S. Elkind, Law Office of Roger S. Elkind, Coral Gables, for appellee.

Rehearing and Rehearing En Banc Denied March 25, 1994.

ANSTEAD, Judge.

We agree with the appellant, City of Fort Lauderdale, that the trial court erred in entering a judgment for the appellee, Byron Todaro, after the jury returned a verdict apparently exonerating the City under the provisions of section 768.28(9)(a), Florida Statutes (1989). We reverse and remand for a new trial.

PROCEEDINGS IN TRIAL COURT

Todaro sued the City for...

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