ANNA WARSHAW AND MAX WARSHAW, HER HUSBAND, APPELLANTS,
v.
LAVERY INVESTMENT COMPANY, AN ILLINOIS CORPORATION, APPELLEE
ANNA WARSHAW AND MAX WARSHAW, HER HUSBAND, APPELLANTS,
LAVERY INVESTMENT COMPANY, AN ILLINOIS CORPORATION, APPELLEE
173 So. 2d 728
Florida District Court of Appeal, Third District (1965)
Positive Treatment
Cited by 2 cases
Opinion of the Court
The plaintiff appeals a summary final judgment for the defendant in an action for personal injuries suffered by the plaintiff in a trip-and-fall case. It is establish*729-ed without issue that the plaintiff appellant was the tenant of the defendant in a furnished apartment and that her action for damages was based upon an allegedly defective carpet in the apartment. It further appears without issue that she fully recognized and understood the nature of the defect and the danger involved. The trial judge correctly ruled that she was precluded from recovery by the rule applied in Perlman v. Kraemer, Fla.App.1958, 104 So.2d 609 and Joskowitz v. Holtman, Fla.App.1961, 134 So.2d 265.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Warshaw v. Lavery Inv. Co., 179 So. 2d 218 (Fla. 1965)…Certiorari dismissed without opinion. 173 So. 2d 728.…
-
Clinton v. Commercial Arcade Corp., 180 So. 2d 656 (Fla. 1965)…Certiorari denied without opinion. 173 So. 2d 728.…
Authorities Cited
- Perlman v. Kraemer, 104 So. 2d 609 (Fla. 3d DCA 1958)
- Joskowitz v. Holtman, 134 So. 2d 265 (Fla. 3d DCA 1961)