DOROFF v. FOOD FAIR STORES, MIAMI BEACH, INC.

No. 65-50.

177 So.2d 749 (1965)

Gertrude DOROFF and James Doroff, her husband, Appellants, v. FOOD FAIR STORES, MIAMI BEACH, INC., a corporation, and Seven-Up Bottling Co. of Miami, Inc., Appellees.

District Court of Appeal of Florida. Third District.

August 10, 1965.


Attorney(s) appearing for the Case

Hilery F. Silverman, Melvyn Greenspahn and Fred Patrox, Miami, for appellants.

Fowler, White, Gillen, Humkey & Trenam, and John L. Welborn, Miami, for Seven-Up Bottling Co.

Paul P. Meltzer, and Richard Yale Feder, Miami, for Food Fair Stores.

Before HENDRY, C.J., and CARROLL and BARKDULL, JJ.


HENDRY, Chief Judge.

This is an appeal of a summary final judgment in favor of the defendants in a negligence action.

A husband and wife sued the defendants, a supermarket and a soda bottler, for injuries incurred by the wife while she was shopping in the supermarket. The complaint alleged, inter alia, that due to improper stacking or negligent design of the containers, several bottles of soda toppled from the soda display in the supermarket resulting in the...

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