CUSICK EX REL. CUSICK v. CITY OF NEPTUNE BEACH

No. 1D99-2884.

765 So.2d 175 (2000)

Tommy CUSICK, a minor, by and through his parent and next friend, Terri CUSICK v. CITY OF NEPTUNE BEACH, a municipal corporation, Appellee.

District Court of Appeal of Florida, First District.

July 6, 2000.


Attorney(s) appearing for the Case

Richard A. Staggard of Anderson & Howell, P.A., Jacksonville Beach, for Appellants.

Sonya H. Hoener of Marks, Gray, Conroy & Gibbs, P.A., Jacksonville, for Appellee.


ERVIN, J.

This is an appeal from a final summary judgment entered in a premises liability action which determined that appellee, City of Neptune Beach, owed no duty of care to appellant Terri Cusick, the parent of Tommy Cusick, a minor child who had fallen from a tree in a city-owned public park onto a bench underneath the tree and sustained serious injuries. We disagree with the lower court's decision, and reverse and remand.

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