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POLLOCK v. CCC INVESTMENTS I, LLC

No. 4D05-1990.

933 So.2d 572 (2006)

Alexander POLLOCK, Individually and as Personal Representative of the Estate and Survivors of Bessie K. Kleinman, deceased, Appellant, v. CCC INVESTMENTS I, LLC, d/b/a Tiffany House by Marriott, a foreign corporation, Marriott Senior Living Services, Inc., a foreign corporation, Marriott International, Inc., a foreign corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 8, 2006.

Attorney(s) appearing for the Case

Rebecca Bowen Creed of Mills & Carlin, P.A., Jacksonville, and John J. Glenn of Anderson Glenn, LLC, Boca Raton, for appellant.

John A. Brekka, Christy E. Brigman and Elaine J. LaFlamme of Quintairos, Prieto, Wood & Boyer, P.A., Fort Lauderdale, for appellees.

KLEIN, J.

Appellant's mother, a resident of an assisted living facility, was murdered by another resident living at the facility. Appellant brought this action for her wrongful death which resulted in a verdict for the defense. We reverse because the court erred in not instructing the jury regarding statutes and regulations which may have been violated by the defendants.

The incident occurred at Tiffany House by Marriott, a minimum level assisted living facility...

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