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ZMIJEWSKI v. B'NAI TORAH CONGREG'N

No. 93-0822.

639 So.2d 1022 (1994)

Chester ZMIJEWSKI, Minor child 1, and Minor child 2, by His Next Friend, Chester Zmijewski, Appellants, v. B'NAI TORAH CONGREGATION OF BOCA RATON, INC., and Samuel Sheck Hillel Day School and Juan Maurice Direus, a Florida Resident, Appellees.

District Court of Appeal of Florida, Fourth District.

July 6, 1994.

Attorney(s) appearing for the Case

Donald S. Hershman of Hershman & Roth, and Rick A. Saturn, Boca Raton, for appellants.

John S. Freud and Allan S. Reiss of John S. Freud, P.A., Miami, for appellee Samuel Sheck Hillel Day School.

Richard A. Sherman and Rosemary B. Wilder of Richard A. Sherman, P.A., and Jay B. Green of Green, Haverman & Ackerman, P.A., Fort Lauderdale, for appellee B'Nai Torah Congregation of Boca Raton, Inc.

POLEN, Judge.

The parents of a minor child appeal from a final summary judgment entered against them on their complaint for negligence and breach of contract against the B'Nai Torah Congregation of Boca Raton, the Hillel Community Day School and the school's janitor for the alleged sexual abuse of their son. We reverse.

The complaint alleged that in October 1990 the mother went to the Hillel school to pick up the child and found him disheveled and crying,...

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