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IN THE CIRCUf.T COURT OF THE 19TH
JUDICIAL CZRCUIT, IN AND FOR i
ST. LUCIE COUNTY, FLORIDA.
CASE NO. 84-809-CA-10
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ADAM HURLEY and ELMER
HURLEY,
Plaintiffs,
vs, f
CITY OF FORT PIERCE, a
municipality located in
St. Lucie County, Florida,
and AETNA CASUALTY & SURETY
COMPI~NY,
Defendants,
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- STIPULATED MOTION FOR LEAVE TO FILE THIRD-PARTY COMPLAINT
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~ COME NOW the Plaintiffs and Defendants, respectively, by and
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~ through their undersigned attorneys, pursuant to Rule 1.180, Fla. R.
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~ Civ. P. and move this Honorable Court for an Order granting the
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' Defendants leave to file a Third-Party Complaint against Fort Pierce
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o Contracting Company as follows:
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= 1. The Plaintiffs' Complaint seeks damages against the
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~ CITY OF FORT PIERCE for injuries alleged to have been suffered by
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= the Plaintiff, ADAM HURLEY, when his automobile struck a manhole on
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; ~ Maple Drive in Fort Pierce, Florida.
; 2. After the Defendants had answered their Complaint,
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k through discovery they learned that at the time of the alleged-
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incident, the street in question was under the control of Fort Pierce
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e Contracting Company.
3. Through further discovery, the Defendants have learned ~
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~ that a contract existed between the CITY OF FORT PIERCE and Fort
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~ Pierce Contracting Company whereby Fort Pierce Contracting Company ~
~ agreed to indemnify and hold harmless the Defendant, CITY OF FORT
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~ PIERCE for any and all cl~ims against it relating to work performed
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by Fort Pierce Contracting Company.
` 4. Pursuant to Rule 1.180, Fla. R. Civ. P., Fort Pierce ~
~ Contracting Company may be liable to the CITY OF FORT PIERCE for all
~ or part of the Plaintiffs' claim against the CITY. ~
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