MODEL v. RABINOWITZ

Nos. 74-988, 74-996.

313 So.2d 59 (1975)

Bernard MODEL, Appellant, v. Jose RABINOWITZ, D/B/a River Oaks Apartments, Appellee. Jose RABINOWITZ, D/B/a River Oaks Apartments, Appellant, v. Bernard MODEL, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 10, 1975.


Attorney(s) appearing for the Case

Wolfson & Diamond and Lawrence E. Major, Miami Beach, for Bernard Model.

Walton, Lantaff, Schroeder, Carson & Wahl, and Steven A. Edelstein, Miami, for Jose Rabinowitz.

Before HENDRY, HAVERFIELD and NATHAN, JJ.


HENDRY, Judge.

The plaintiff and the defendant below each take an appeal challenging a final judgment entered pursuant to a special interrogatory verdict returned by the jury.

Briefly stated, the evidence at trial showed that the plaintiff, Bernard Model, was injured when a portion of the ceiling in his apartment (rented from the defendant) collapsed on him as he was seated on the toilet.

The testimony also indicated that Model saw a crack in the roof...

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