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IN THE CIRCUIT COURT OF THE 19TH `
~ JUDICIAL CIP,CUIT, IN AND FOR ST. '
LUCIE COUNTY, FLORIDA.
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C1~SE NO. 77-272 CA ~
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i KATHLEEN M. HERSHBERGER, „ ~
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~ Plaintiff, ~ `~c'y~ :
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THOMAS JEROtiE KINDRED, et al. , , ° >
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G~resit J.:,:~~ ^ ;
Defendants. . _
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FINAL SUMMARY JUDGMENT
This cause came on for hearing on the motion of
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t Defendants, CITY OF FT. PIERCE and AETNA CASUALTY & SUREiY COt~iFAP7Y, ~
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~ HERSHBERGE~. The Court has considered the pleadings and heard +
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~ argument of counsel for Defendants, CITY OF FT. PIERCE and AETNA
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< CASUALTY & ~URETY COMPAI~Y, and Defendants, THC?~IA~ JEROME KINDR.EL~ ~
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u and UVITED STATES FIDELITY & GUAP.Ar]TY COrtPANY, and finds that there
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a is no c?enuine issue of any material fact ~~ith respect to Plaintiffs ~
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~~claim against the Defendants, CITY OF FT. PIERCE and AETNA CASUALTY & i
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~ SURETY C0~IFANY and ~herefore, these Defendants are entitled to
Summary Judgnlent as a matter of law upon the claim alleged against ;
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them in the Plaintiff's complaint. i
In a case such as this, the Defendant City is liable for `
an injury allegedly arising from the negligence of its employes only ~
if the existence of a special duty owed to the injured party is {
shown and this duty is something More than the duty owed the public
qenerally. Plaintiff herein has allered only that the Defendant,
CITY OF FT. PIERCE, had a legal duty to exercise reasonable care
for the safety ot the Plaintif.f and other members of the public
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operatinc~ motor vehicles within the boundaries of the Defendant City.
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