STAIB v. FERRARI, INC.

No. 80-482.

391 So.2d 295 (1980)

Ann Marie STAIB and Her Husband, Daniel Staib, Appellants, v. FERRARI, INC., a Florida Corporation d/b/a Ferrari's Pizzeria and Italian Restaurant, Appellee.

District Court of Appeal of Florida, Third District.

December 9, 1980.


Attorney(s) appearing for the Case

Daniels & Hicks and Sam Daniels, Rentz & Haggard, Miami, for appellants.

Walton, Lantaff, Schroeder & Carson and George W. Chesrow, Miami, for appellee.

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


HENDRY, Judge.

This is an appeal by plaintiffs below from an order of the Circuit Court of Dade County, Florida granting defendant a new trial. Defendant, Ferrari, has cross-appealed. We affirm the order of new trial.

Briefly, the evidence at trial showed that the Staibs, plaintiffs in the trial court, ordered a pizza from the defendant's restaurant to be delivered to their home. As Mrs. Staib was eating the pizza, she bit down upon a small metallic substance...

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