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CLARK v. FAIR OAKS RECREATION & PARK DIST.

No. C038830.

130 Cal.Rptr.2d 633 (2003)

106 Cal.App.4th 336

Burgin CLARK, a Minor, etc., et al., Plaintiffs and Respondents, v. FAIR OAKS RECREATION AND PARK DISTRICT, Defendant, Cross-Complainant and Appellant, Columbia Cascade, Defendant, Cross-Defendant and Respondent.

Court of Appeals of California, Third District.

Order Denying Rehearing March 11, 2003.

Review Denied May 14, 2003.

Attorney(s) appearing for the Case

Bailey & Brown, Sacramento, and William J. Schmidt, for Defendant, Cross-complainant and Appellant.

Moseley C. Collins, III, Rancho Cordova, for Plaintiffs and Respondents.

Stevens, Drummond & Gifford and Gary T. Drummond, Walnut Creek, for Defendant, Cross-defendant and Respondent.

Certified for Partial Publication.*

SIMS, Acting P.J.

Plaintiff Burgin Clark, aged 10, broke his leg in an accident on playground equipment owned by defendant Fair Oaks Recreation and Park District (the District) and manufactured by defendant Columbia Cascade. Through his guardian ad litem, Ruth Gothier, plaintiff sued the District, alleging a dangerous condition of public property, and Columbia Cascade, alleging strict liability...

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