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FLYE v. CITY OF WACO

No. 10-00-260-CV.

50 S.W.3d 645 (2001)

Allen FLYE, Jr. and Theresa Degrate, Individually and as Next Friends for Allen Flye, III, A Minor Child, Appellants, v. CITY OF WACO, Appellee.

Court of Appeals of Texas, Waco.

June 20, 2001.

Attorney(s) appearing for the Case

C. Michael Flynn, Waco, for appellant.

Charles D. Olson, Alfred Mackenzie, Haley & Davis, Waco, for appellee.

Before Chief Justice DAVIS, Justice VANCE, and Justice GRAY.

OPINION

VANCE, Justice.

On March 23, 1997, six-year-old Allen Flye, III ("Allen") attended a picnic at Cameron Park in the City of Waco with his parents. Allen was pushing a friend on a swing when he slipped. The swing hit him on the head, causing a wound which required about 30 stitches and 18 staples to close. Allen's parents, Allen Flye, Jr. and Theresa Degrate ("the Flyes"), individually and on his behalf, brought suit against the City of Waco ("City...

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