Opinion
Nos. 81-1317, 81-1574.
November 30, 1982.
Appeal from Circuit Court, Dade County; Jack M. Turner, Judge.
Carey, Dwyer, Cole, Selwood Bernard and Michael C. Spring, Miami, for appellants.
High, Stack, Lazenby, Bender, Palahach Lacasa and R. Scott Boundy, Coral Gables, for appellees.
Before HUBBART, C.J., and BASKIN and FERGUSON, JJ.
We affirm the Final Judgment and order taxing costs in favor of appellees. The jury returned a verdict in accordance with the evidence and with the court's instruction that it could find the school negligent in the maintenance or supervision of the playground ladder from which the child fell.
The presence of rocks beneath the ladder distinguishes this case from Alegre v. Shurkey, 396 So.2d 247 (Fla. 1st DCA 1981).
Affirmed.