LeMAY v. U.S.H. PROPERTIES, INC.

No. 76-1089.

338 So.2d 1143 (1976)

Joseph LeMAY and Estelle LeMay, His Wife, Appellants, v. U.S.H. PROPERTIES, INC., et al., Appellees.

District Court of Appeal of Florida, Second District.

November 10, 1976.


Attorney(s) appearing for the Case

Larry G. Rightmyer, St. Petersburg, for appellants.

James R. Lyle and C. Bryant Boydstun, Jr., of Lyle, Skipper, Wood & Anderson, St. Petersburg, for appellees U.S.H. Properties, Inc. and Travelers Indem. Co.


PER CURIAM.

Appellants appeal the dismissal of their complaint with prejudice for failure to state a cause of action in this slip-and-fall negligence case. We reverse.

While the order of dismissal is silent as to the specific infirmity which the court found in the complaint, the briefs of the parties fairly zero in on the issue of "obscurity" of the defect causing the fall. That is to say, whether the complaint sufficiently alleged facts relating to a hidden...

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