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SOUTHWICK v. CITY OF RUTLAND

No. 10-128.

35 A.3d 113 (2011)

2011 VT 53

David and Susan SOUTHWICK, Individually and as Parents and Natural Guardians of Addie Southwick v. CITY OF RUTLAND v. The Rutland Recreation and Parks Department (Vermont Swim Association).

Supreme Court of Vermont.

Motion for Reargument Denied June 22, 2011.

Attorney(s) appearing for the Case

William F. Ellis of McNeil, Leddy & Sheahan, P.C., Burlington, for Third-Party Plaintiff-Appellee.

John D. Willey, Jr. of Boylan Associates, P.C., Springfield, for Third-Party Defendant-Appellant.

Present: REIBER, C.J., DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ.

JOHNSON, J.

¶ 1. This action stems from a written agreement between the City of Rutland and Vermont Swim Association (VSA) granting use of a City facility to VSA for its annual swim meet. A child attending the swim meet was injured when she fell from a piece of playground equipment in the park where the swim meet was held. The child's parents, plaintiffs, filed a complaint against the City, which then filed a third-party...

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