BILTMORE TERRACE ASSOCIATES v. KEGAN

No. 60-391.

130 So.2d 631 (1961)

BILTMORE TERRACE ASSOCIATES, Appellant, v. Lawrence KEGAN, a minor, by his father and next friend, Bernard M.S. Kegan and Bernard M.S. Kegan, individually, Appellees.

District Court of Appeal of Florida. Third District.

May 29, 1961.


Attorney(s) appearing for the Case

Gotthardt, Christie & Shepard and Kenneth L. Ryskamp, Miami, for appellant.

Sams, Anderson, Alper, Meadows & Spencer, Miami, for appellees.


PEARSON, Judge.

The defendant, hotel, appeals a final judgment based upon a jury verdict in a negligence action brought by Lawrence Kegan, a minor, and Bernard Kegan, Lawrence's father. The plaintiff, Lawrence, was a guest in the defendant's hotel and was injured when he dived into the ocean from a walled patio-pool area, which, at the time of the accident, protruded into the water. The controlling questions are: (A) Whether the facts presented to the jury, viewed...

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