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ST• LL~IE OOtNI'Y, whP.n nuining fran second base to third base and steppi.ng into a hole
w}~sch was on the base line about five yards frcm third base.
8. At the aforesaid time and place, ST, 7~7CIE CO(NPy, as leasee of the re-
creational area l~cn~m as Open S~aoe Park had the duty to operate, o~ntrol and naintain
the aforesaid prenises and make sure said area was in a reasrnably safe calditian for
the ball players arxi other users of the playground.
9. Not withstanding its duty as aforesaid, the Defendant, ST. LUCIE (`OCNI~Y, ~
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failed to exercise due care and respect to maintenance of the above described recreational
area.
10. ~fie Defendant ~e~w or should have known that the base line of the ball field
at open ~aoe Park required maint~anoe and it was reasonably foreseeable that holes and
ruts wnuld result fr~m the use of the ball field and it was reasrnably foreseeable that
said base line shovld be maintained.
11. Not withstanding said duty and despite the fact that the Defendant, ST. LUCIE
CC7U~TI'Y, knew or should have lrnv~ - the dangerau.s cocidition of the base line of ~he ball
field at Open S~aoe Park, the Defendant, failed to give warning of, ar use ordinary
care to furnish protect.ion again.st the dangers of the base line with holes and ruts
existing, to the Plaintiff, JAN~.S H. HARRIS and to other users of the ball field.
12. 7he Def~dant, ST. LLTC~ C(JCNTY, was neglig~nt and careless in the follawing t'
respects: :i
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a. In negligently and cai~elessly failing to make reasonable inspectiazs to
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; disoover the dangerous and hazardous corxiitions of the ball fiel+d.
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~ b. In negligently and carelessly pernnitting holes arx~ ruts to exist on
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! the base Line of the ball field at Open S~'iace Park;
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c. L-~ negligently and carelessly permitting said conditions to exist on
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~ the ball filed at Open Space Park }mawing that said condition represented a reasonable
risk of harm to the Plaintiff;
d. In negligently and cai.~Iessly failing to warn the Plaintiff of the dangeraus
and hazardous conditions of the aforesaid recreational area; ~
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e. In negligently and carelessly failing to pro~vide for the proper main- ~
rP-~ance and/or cantrol of said recreational area;
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~ f. In negligently and carelessly permitting the dangerous base line condition
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~ to exist on said recreational area so as to or~stitute a hidden and latent danger.
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~ g. Zn negligently and carelessly pezmitting a situation to exist whereby
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; tmaut~orized personnel could turn the lights rn at Open Space Park for nic~t garne.s.
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~ 13. At all times mentimed and at all tirnes materiai hereto, the Defendant,
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` ST. LUCIE COLr~'Tl', a:,-ted ge errplayees while
~ by ar~ci throu~ its a nts , servants and/or
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t~, ~~1 P,~ 9~0 '
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