KELLY v. CAMBRIDGE MUTUAL FIRE INSURANCE COMPANY

No. 77-557.

360 So.2d 446 (1978)

Donald KELLY and Rita Kelly, His Wife, Appellants, v. CAMBRIDGE MUTUAL FIRE INSURANCE COMPANY and William Cordray, Appellees.

District Court of Appeal of Florida, Fourth District.

June 21, 1978.


Attorney(s) appearing for the Case

William C. Owen, Jr., of Cone, Owen, Wagner, Nugent, Johnson & McKeown, Tequesta, for appellants.

Maureen L. McGill of Adams, Sullivan, Coogler, Watson & Smith, West Palm Beach, for appellees.


MOORE, Judge.

This is an appeal from a final summary judgment entered against the plaintiffs in a negligence case.

Appellant-husband, one of the plaintiffs below, was a tenant of appellee and was injured while mowing appellee's lawn at the latter's request. It was alleged that appellee negligently constructed a concrete decorative wall, failing to warn appellant of its unstable condition. In the course of mowing appellant backed into the wall, causing it to...

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