OLIVA v. BAUM

No. 66-340.

194 So.2d 319 (1967)

Reinaldo OLIVA, a Minor, by and through His Father and Next Friend, Juan Oliva, and Juan Oliva, Individually, Appellants, v. Charles BAUM and Rose Baum, Appellees.

District Court of Appeal of Florida. Third District.

January 31, 1967.


Attorney(s) appearing for the Case

Herbert Friesner and Joseph C. Brannen, Miami, for appellants.

Fowler, White, Collins, Gillen, Humkey & Trenam and Henry Burnett, Miami, for appellees.

Before HENDRY, C.J., SWANN, J., and KANNER, A.O., Associate Judge.


SWANN, Judge.

The plaintiffs' three year old son suffered a skull fracture with alleged resultant permanent brain damage when he fell from an outdoor staircase or landing on the third floor of the apartment house in which the plaintiffs lived. Negligence was alleged in the landlord's allowing one or more of the following hazards to be on his premises:

a) Loose handrailings b) Dangerous widely spaced handrailings c) Improper placement of...

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