McDANIEL v. MENDEZ

No. 66-608.

198 So.2d 75 (1967)

Elizabeth McDANIEL, As the Mother of Mary McDaniel, Deceased, Appellant, v. Avelino A. MENDEZ, Appellee.

District Court of Appeal of Florida. Third District.

April 18, 1967.


Attorney(s) appearing for the Case

Norman Miller, Miami, and Marvin L. Lessne, Fort Lauderdale, for appellant.

Louis H. Stallman, Miami Beach, for appellee.

Before PEARSON, BARKDULL and SWANN, JJ.


PER CURIAM.

Appellant seeks review of a final order of the trial court, dismissing with prejudice her complaint seeking damages in a tort action.

The deceased daughter of the appellant was playing with the appellee's daughter on a couch, located on the concrete [or terrazzo] floor of the carport of appellee's residence. While engaged in such play, the deceased fell from the couch striking her head on the hard surface of the floor. As a result of the injuries...

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