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NELSON BY AND THROUGH STUCKMAN v. SALT LAKE CITY

No. 940543.

919 P.2d 568 (1996)

Joseph NELSON, a minor, By and Through his natural mother and guardian Cynthia STUCKMAN, Plaintiff and Appellant, v. SALT LAKE CITY, a body politic, and the State of Utah, By and Through the Utah State Division of Parks and Recreation, Defendants and Appellees.

Supreme Court of Utah.

July 5, 1996.

Attorney(s) appearing for the Case

Edward T. Wells, West Valley City, for plaintiff.

Jan Graham, Atty. Gen., Debra J. Moore, Carol Clawson, Asst. Attys. Gen., and Steven W. Allred, Salt Lake City, for defendants.

STEWART, Associate Chief Justice:

Joseph Nelson appeals from orders of the trial court disallowing his claims for personal injury against Salt Lake City and the State of Utah. We reverse the trial court's ruling and remand for trial.

I. BACKGROUND

On May 16, 1990, Cynthia Stuckman took her four-year-old son Joseph Nelson to watch his brother participate in a free-admission baseball game at a Riverside Park baseball field. Allegedly believing that...

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