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acting the course and sco~ of their ag~cy and/or anpla~mient.
14. At the said time and plaoe, the Plaintiff, JAt~S H. H~tRIS while exercising
due care and dilige~x.~e, unP.xpectedly st,epped into a hole while mm~ing frcro secrnd ;
to third base cat~ing him griewus injuries.
15. As a direct and proximate result of the aforesaid negligenc~ of the
Defendant, ST. Li)CIE CCJUNTY, the Plaintiff, JAt~'S H. HARRIS, was injured in and
about his boc3y, suffered pain therefran, in~aired his earning ability, incurred m~dical i
expenses and the treatment of his injuries and wil? incur such losses and e~enses
in the future. Said injuries were pern~anent and/or continuing in nature and the
Plaintiff, JAN~S H. I~RRIS, will suffer the losses, expenses and i~aairment in the
future.
i~F~F~OF~, the Plaintiff, JAME.S H. HARRIS, damands judg~nt for dan?ages in
exoess of FIVE THOUSANll DOLtARS ($5,000.00) against the Defendant, ST. LUCIE OC7C~fl'Y,
and its tort liability carrier, HARTFC)RD AOCIDFNT Aiv'D II~]DEI~NITY OQI+'~ANY, plus costs
of this actirn and trial by jury.
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16. Zhe Pla~intiffs reallege and adopt each and every allegation ~tained
in Co~ti I aY~o~v+e and incorporates the s~ne by reference.
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17. Zhat at all relevant times, the Defendant, CTTY CF F`ORT P~RCE was a '
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duly organized gov~ermne~tal entity existing ~der the laws of the State of Florida
i c,~ose principLe offive is locat~ed in the City of Fort Pieroe, St. Lucie C.aanty, Florida
~ and at all reZevant times the CITY OF FORT P~ ;aas acting through its agents,
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~ servants and/or e~ployees acting within the sc~pe of their e~lvyment.
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18. Zfiat at all relevant tim~es the Defendant, CITY OF FOAT PIER(~, was the
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~ aaner of a park }ma~m as Open Spao~, said locatio~ mare fully set out in paragraph
#5 above ina~rporated by referenoe.
19. Q~ or about August 27, 1980, the Plaintiff, JAN~S H. HARRIS, Was a
manber of inen's softball league and ~ras participating in a soft ball game at said -
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~ O~n Spaoe Park .
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~ 2Q. At aforesaid time and place, the CITY OF FGRT PIERCE, as c~wner of the
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; recreatirnal area kno~m as O~~ Spaoe Park had a duty to operate, control and main-
~ '-~a.in the aforesaid prQnises and m~ke sure the area was in a reasc~ably safe oondition
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~ for the ball players and other users of the playground.
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~ 21. 'I'he Defendant, CITY OF FORT PIEFtCE, knew or shauld have }rnc~m that the
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~ base line at the ball field at Open Space Park required maintenance and it was
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~ r~ascr?ably foreseeable that holes and ruts would result fra~: ;hn use of the ball
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