HOLLEY v. MT. ZION TERRACE APARTMENTS, INC.

Nos. 79-1082, 79-1436.

382 So.2d 98 (1980)

Maybell HOLLEY, As Personal Representative of the Estate of Shirley Bryant, Deceased, Etc., Appellant, v. MT. ZION TERRACE APARTMENTS, INC., A Non-Profit Florida Corporation, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 22, 1980.


Attorney(s) appearing for the Case

Greene & Cooper and Joan M. Bolotin, Stanley M. Rosenblatt, Miami, for appellant.

Walton, Lantaff, Schroeder & Carson, and Gill S. Ullman, Miami, for appellee.

Before HENDRY and SCHWARTZ, JJ., and VANN, HAROLD R. (Ret.), Associate Judge.


SCHWARTZ, Judge.

On May 31, 1976, the plaintiff-appellant's decedent, Shirley Bryant, was raped and murdered while a tenant in the defendant-appellee's apartment complex. The crime was committed by an intruder, thought to have been a co-tenant, who apparently gained access into Ms. Bryant's second story apartment through a window which fronted onto a common outside walkway. The basis of the plaintiff's wrongful death action against the landlord was its allegedly negligent...

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