(DOWNLOAD) "Highland Beach Realty Co. v. Charles W. Turner" by Second District Court of Appeal of Florida ~ eBook PDF Kindle ePub Free

April 12, 2021

eBook details

Title: Highland Beach Realty Co. v. Charles W. Turner
Author : Second District Court of Appeal of Florida
Release Date : January 14, 1962
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 66 KB

Description

Celia Modlin was shopping at the Washington Avenue Food Center on Miami Beach. While she was in the store, half of an overhead mezzanine, which was used as storage area, collapsed upon her. Mrs. Modlin was crushed to death. Max Modlin, Mrs. Modlins husband, sued the Washington Avenue Food Center, Robert Rothelin, and the City of Miami Beach to recover damages for her wrongful death. The amended complaint charged that Rothelin had improperly constructed the balcony area, that the City of Miami Beach building inspector had improperly inspected it, and that the store had negligently failed to properly maintain its premises. On the basis of the pleadings and depositions, separate summary judgments were entered in favor of the store owner, Washington Avenue Food Center, and the City of Miami Beach. The complaint against the contractor, Rothlein, was left for the trial. The plaintiff took separate appeals from the summary judgments, and the appeals have been consolidated here. We affirm the summary judgment for the defendant, City, and reverse the summary judgment for the defendant, store owner.