Cox v. Department of Natural Resources of the State

BERREY, Judge.

Plaintiffs David L. Cox and Sandra S. Cox filed suit in Clay County for personal injuries sustained by David in a swimming accident at Watkins Mill State Park. Plaintiffs named the Department of Natural Resources and eleven individuals as defendants. The trial court sustained defendants’ Motion for Judgment on the Pleadings, Or Alternatively, for Summary Judgment and dismissed the action. Plaintiffs appeal the dismissal.

The facts are as brief as they are tragic. On July 23, 1977, David was swimming at Watkins Mill State Park in an area designated for swimming. The area was…