Catalano Ex Rel. Catalano v. Kansas City

DIXON, Commissioner.

On June 16, 1966, the plaintiff, Richard J. Catalano, then 10 years old, who had gone to Sunnyside Park to swim, stepped on a piece of broken beer bottle and severely cut his foot. He did not cut his foot in the pool itself, but during a rest period had gone to an adjacent playground area where he received the cut when he stepped off of the hard surface under the swings in roughhousing with another boy. He had a judgment for $3,250 as damages, and the City has appealed claiming the trial court erred in refusing to direct a verdict because the issues of “notice” and “due…