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GOMEZ v. LOWELL DUNN COMPANY

No. 68-692.

221 So.2d 800 (1969)

Velia GOMEZ, a Widow Individually, and Velia Gomez, As Administratrix of the Estate of Luis Bonifacio Gomez, Deceased, Appellant, v. The LOWELL DUNN COMPANY, a Florida Corporation, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied May 14, 1969.

Attorney(s) appearing for the Case

Edward B. Johnson, Jr., and Jeanne Heyward, Miami, for appellant.

Blackwell, Walker & Gray, and James E. Tribble, Miami, for appellee.

Before CHARLES CARROLL, C.J., and PEARSON and SWANN, JJ.

PER CURIAM.

This is an appeal by the plaintiff below from a summary judgment entered in favor of the defendant, in an action for damages brought under the wrongful death act (§§ 768.01 and 768.02 Fla. Stat., F.S.A.) and survival statute (§ 46.021 Fla. Stat., F.S.A.), alleging negligence of the defendant caused the death of the appellant's husband.

The plaintiff's decedent was in the status of an invitee. In McNulty v. Hurley, Fla. 1957,

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