KOLOSKY v. WINN DIXIE STORES, INC.

No. 84-2282.

472 So.2d 891 (1985)

Helen O. KOLOSKY and Kenneth J. Kolosky, Her Husband, Appellants, v. WINN DIXIE STORES, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

July 24, 1985.


Attorney(s) appearing for the Case

John J. Pine of Fetterman & Associates, North Palm Beach, for appellants.

Janet R. DeLaura of Smalbein, Eubank, Johnson, Rosier & Bussey, P.A., Rockledge, for appellee.


HERSEY, Chief Judge.

Helen and Kenneth Kolosky, plaintiffs below, appeal the trial court's final judgment directing a verdict in favor of Winn Dixie Stores, Inc. We reverse.

The Koloskys sued Winn Dixie, alleging negligence in failing to maintain its premises in a safe condition — specifically, in permitting three children to run unrestrained through the store — resulting in injury to Mrs. Kolosky. The complaint included a derivative claim by...

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