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LESCRYNSKI v. MIDDLEBROOK

No. 71-681.

260 So.2d 215 (1972)

Della M. LESCRYNSKI and William Lescrynski, Appellants, v. Farnham D. MIDDLEBROOK and Allstate Insurance Company, Appellees.

District Court of Appeal of Florida, Fourth District.

March 29, 1972.

Attorney(s) appearing for the Case

George J. Adler, of Meyers & Mooney, Orlando, for appellants.

Lon S. Cornelius, Jr., of Maguire, Voorhis & Wells, Orlando, for appellees.

WALDEN, Judge.

Della and William Lescrynski, plaintiffs below, were pruning trees on defendant Middlebrook's rental property. William cut a large limb but it lodged in a fork of the tree. He offered to kick it loose while balancing on a ladder.

Della was concerned for her husband's safety, so she volunteered to steady the ladder. The limb dislodged, striking Della's head and causing the injuries complained of.

Della and William sued defendant, claiming...

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