HomeMy WebLinkAbout0920 1
IN Tl-IE CI%.'UIT COURT OF TI-lE
NIl~PH JiIDICIAL CIR'NIT
IN Aiv'D FOR ST. LUGIE C;OC~Ti'Y,
FLORIDA.
C~~SE NO. 81-143 CA
JAN~S H. HARRIS and MARY L. ~RRIS,
Plaintiffs,
vs.
ST. L[JCIE COiNTY and ~'ORD AOCIDII~
AND INDF~NITY C~CN4'ANY and the CITY OF
EOKI' PIE~,
Defendants.
~I~1DID OC~+~LAINT
CQ~S NOW the Plaintiffs, JAN~S H. HARRIS and I~RY L. HARFtIS, his wife ar~
su~e the Defendants, ST. LiJCIE CC~N'I'Y, ~'ORD AGCZDFNI' AND II~1DFI~NI'I'Y OC1~4.'ANY and
ZTf~ CITY OF FURT PIE~ and allege :
OCX~1T I
1. This is an actiori for damages in exoess of $5,000.00.
2. At all times material hereto, the Plaintiffs, J~S H. HARRIS and MARY
L. H.~RRIS, were husband and wife and residents of Fort Pieroe, St. I~ucie County,
Flor•ida.
i
3. St. Lucie County is a duly organized gwerrut~_ntal entity existing umder
the laws of the Sta.te of Florida c~ose principle offioe is located in the City '
~ of Fort Pieroe, St. Iucie Caunty, Florida.
~
; 4. At all times herein material, the Defendant, ST. LUC~ C'CXJt~I']' wras insured
f
by the Defendant, Hartford Accident and Inde:mity Ca~~any, fo~ Public Tor* Liability,
whidi Catpany is an authorized insurance carrier ~der the laws of the State of Florida.
5. tri or about August 27, 1980, the Plaintiff, JAN~S H. HARRIS, was a rre~~ber
of a men's softball league and was participating :~n a soft ball game at a park ]mvwn
~ as Open Space Park located in the vicinity of 13th Street and Av~ue O, Fort Pierce,
St . Luci e Co~,mt}• , Florida .
€ 6. At all tiroes material hereto, the Defendant, ST. LUCIE COik~Y, was the
~
~ leasee of said park and by virtue of its lease agr~eement with the leasor was obligated
~
' to preserve and maintain said recreatirnal area.
~
E 7. On or about August 27, 1980, the Plaintiff, JA~S H. HARRIS, while participa±ing
~
~ in a soft ball game at Open S~ace Park sustained s~vere personal injuries ~hile law-
~ fully ~ the recreational area }rno~m as Op~~ Spacti park which Was leased by the Defendan*_,
~
r
~361 P~ 919
~l7
~
- ~.z