SMALL v. TOMASELLO, INC.

No. 76-1276.

356 So.2d 869 (1978)

Michael B. SMALL and Ann S. Small, His Wife, Appellants, v. TOMASELLO, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

March 21, 1978.


Attorney(s) appearing for the Case

Philip J. Gouze of Law Offices of Michael B. Small, West Palm Beach, for appellants.

Larry Klein, and George S. Okell, Jr., West Palm Beach, for appellee.


SCHWARTZ, ALAN R., Associate Judge.

The appellants-homeowners' terrazzo floor was allegedly cracked and damaged immediately upon the appellee-exterminator's activity in drilling holes to inject poison in a concrete slab adjacent to the home. The only significant point on this appeal from a judgment entered after a jury verdict for the exterminator challenges the trial judge's refusal to give the standard jury instruction, 4.6, on res ipsa loquitur. We have determined...

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