McGUIRE v. FIRST ARLINGTON INVESTMENT CORPORATION

No. 69-347.

240 So.2d 513 (1970)

Kenneth E. McGUIRE, Appellant, v. FIRST ARLINGTON INVESTMENT CORPORATION, D/B/a La Playa Apartment Hotel and La Playa of Redington Beach, Inc., D/B/a La Playa Apartment Hotel, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 24, 1970.


Attorney(s) appearing for the Case

Michael J. Freedman, of Levine & Freedman, Tampa, for appellant.

Ray Ulmer, Jr., of Roney, Ulmer, Woodworth & Jacobs, St. Petersburg, for appellees.


MANN, Judge.

McGuire, an invitee at a beach hotel, dived from a railing at the end of a dock extending 300 feet into the Gulf and was injured. There was no sign warning of danger and whether he was actually warned was disputed. The depth of the water was not discernible. The trial judge granted summary judgment on the ground that McGuire was contributorily negligent as a matter of law. He may have been contributorily negligent as a matter of fact, but...

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