Sardell v. Malanio

The plaintiffs, Nicholas C. Sardell and Marie H. Sardell, his wife, appeal from a final order of the Circuit Court which dismissed their amended complaint for failure to state a cause of action.

The complaint alleges, inter alia, that the plaintiff wife was crossing a street in Miami, Florida, when a minor co-defendant, Irving Silverman, (not a party to this appeal), ran into her and knocked her to the ground as he attempted to catch a football being thrown to him by the minor defendant, Gary Malanio. She alleged negligence on the part of Silvei'man, and in the alternative alleged that the…