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MODLIN v. WASHINGTON AVENUE FOOD CENTER, INC.

Nos. 64-917, 64-918.

178 So.2d 596 (1965)

Max MODLIN, husband and surviving spouse of Celia Modlin, Deceased, Appellant, v. WASHINGTON AVENUE FOOD CENTER, INC., a Florida corporation, Robert Rothlein and the City of Miami Beach, a municipal corporation, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing denied October 18, 1965.

Attorney(s) appearing for the Case

Nichols, Gaither, Beckham, Colson & Spence, Miami, for appellant.

Pyszka, Kessler, McMath & Adams, Miami, for Washington Avenue Food.

Michael H. Salmon, Miami Beach, for Robert Rothlein.

Paul P. Meltzer and Murray Goldman, Miami, for City of Miami Beach.

Before HENDRY, C.J., and TILLMAN PEARSON and CARROLL, JJ.

TILLMAN PEARSON, Judge.

Celia Modlin was shopping at the Washington Avenue Food Center on Miami Beach. While she was in the store, half of an overhead mezzanine, which was used as storage area, collapsed upon her. Mrs. Modlin was crushed to death. Max Modlin, Mrs. Modlin's husband, sued the Washington Avenue Food Center, Robert Rothlein, and the City of Miami Beach to recover damages for her wrongful death. The amended complaint charged that Rothlein had improperly...

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