HomeMy WebLinkAbout0923 !
• 1 ~
i
~
field and it was reasanably foreseeable that said base line should be maintained.
22. Not withstanding said duty and despite the fact that the Defendant, CITY
s
OF F~T P~, knew or shvuld have lrnaJn the dangerous oonditian of the base line
of the ball field at Open S~aoe Park, the Def~dant, failed to give warning of, or
use ordinaYy care to furn.ish pratection against the dangers of the b~se line with
hol,es and ruts existing or failed to insure that its leasee, ST. LUCIE OOi~TI'Y,
adequately operated, cnntrolled and mzintained the base line for the prot~ectiQn ,
of the Plaintiff, JAN~.S H. HARRIS and other users of the•ball field. ~
~ 23. 'Ilze Defendant, CI'I'Y OF FOFd' P~, was negligent and careless in the
follawing respects:
a. In negligently and carelessly failing to m~3ce reascnable inspectioazs
t~ discover the dangerous and hazardous oonditians of the ball field;
b. In negligently and carelessly pern?itting holes and ruts to exist
on the base line of the ball fiel,c3 at Open S~a~e Park;
c. In negligently and carel,essly pern?itting said oonditio~~s t~o exist
on the b~all field at Open Spaoe Park }maaing that said oonditions represented a
reasonable risk of haun to the Plaintiff;
d. In negLigently and carelessly failing to warn the Plaintiff of the ~
:
dangerous and hazarr3aus ornditi~s of the aforesaid recreational area;
e. In negligently ar~d carelessly failing to provicie for the pro~er ~
i
maint~enance and/or oontrol of said recreational area;
f. In negligently ~d carelessly permitting the dangervus~ base line
con3itian to exist on the said recreational area so as to oonstitute a hidden and
latent danger;
g. In negligently and carelessly permitti.ng an tmsafe recreatiorial
i 3t'~a; -
~ h. In :~egligently and carelessly failing to insure that its leasee, ST. ~
i ~
; LUCIE COLN'I'Y, praperly aperated, c~trolled and maintained said recreatianal area; '
~
t i. In negligently and carelessly permitting a situatirn to exist whereb~
~
~ wiauthorized pers~nel could turn the lights m at Open S~ace Park for nic~t garnes.
24. At the said t~me and place, the Plaintiff, JA.'~S H. HF~2RIS, while exercising E
due care and diligence and while lawfully on the pr~emises knvwn as Open Spaoe Par',c,
~me~ectedly stepped into a hole while mm~ing fran secand to third base causing him
griewus injuries. ~
~
; 25. As a direct an3 proximate result of the aforesaid ne~lieence of the ~
~
3 i
; Defendant, CITY OF FORI' PIERC~, the Plaintiff, JANg'S H. fiF~RRIS, was injured in and ;
E
~ about his body as more fully set o~t ;n paragraph I5 above incozporated by reference. ;
F
t4' ~361 P~ ~22
e
R ~
~ ,
a ~
~
_
s~.~~~ w - _ _ _ .