KINYA v. LIFTER, INC.

No. 85-1129.

489 So.2d 92 (1986)

Edward KINYA and Earsley Kinya, His Wife, Individually and As Personal Representatives of the Estate of Kinya Muchai, Deceased, Appellants, v. LIFTER, INC., D/B/a Lake Lucerne Villas, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 13, 1986.


Attorney(s) appearing for the Case

Haddad, Josephs & Jack and Gary Gerrard, Coral Gables, for appellants.

Blackwell, Walker, Fascell & Hoehl and James E. Tribble and Angela L. DerOvanesian, Miami, for appellee.

Before BARKDULL, FERGUSON and JORGENSON, JJ.


BARKDULL, Judge.

The appellants appeal a final judgment after an adverse verdict in a wrongful death action. The action followed the drowning death of their unattended fifteen-month-old son in a lake which formed a part of the common elements area of an apartment project in which they resided. The appellee, Lifter, Inc., d/b/a Lake Lucerne Villas, was the owner and developer of the apartment complex. At the time the lake was excavated, it was done with the permission...

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