Carmen minor picture

Duration: 7min 39sec Views: 1035 Submitted: 16.11.2020
Category: Euro
Fred P. Bamberger, Evansville, Ind. The district court dismissed this three count diversity suit for damages for loss of sight in an eight year old boy's eye, on the ground that no count of the amended complaint stated a claim upon which relief could be granted, 1 and plaintiff has appealed. We think the court erred as to count III of the amended complaint, based on negligence. The vital issue is whether defendant's use, without authority, of a public area for storage of pipes carried with it a duty of maintaining the area reasonably safe for children passers-by so as not to create a likelihood of injury to them.

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Carmen Cybula | College of Education

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Carmen Cybula

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