Cusick ex rel. Cusick v. City of Neptune Beach

This is an appeal from a final summary judgment entered in a premises liability action which determined that appellee, City of Neptune Beach, owed no duty of care to appellant Terri Cusick, the parent of Tommy Cusick, a minor child who had fallen from a tree in a city-owned public park onto a bench underneath the tree and sustained serious injuries. We disagree with the lower court’s decision, and reverse and remand.

The salient facts are recited in the summary judgment order as follows:

(A) The Defendant owned and maintained a park that was open to members of the public, including the minor…