REICHENBACH v. DAYS INN OF AMERICA, INC.

No. 80-300 & 80-603.

401 So.2d 1366 (1981)

Alfred E. REICHENBACH and Thia Reichenbach, Appellant, v. DAYS INN OF AMERICA, INC., and Sentry Indemnity Company, Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied August 18, 1981.


Attorney(s) appearing for the Case

Thomas M. Burke of Rumberger, Kirk & Caldwell, Orlando, for appellants.

Mary Patricia C. Fawsett of Akerman, Senterfitt & Eidson, Orlando, for appellees.


FRANK D. UPCHURCH, Jr., Judge.

This is an appeal from a summary final judgment holding a motel not liable for an assault on one of its guests. We affirm.

Appellant, Alfred E. Reichenbach, was a guest at appellee's motel. At approximately 10:00 p.m., he parked his car in the parking lot and proceeded to step out of the car. At this point, an assailant came up and stated: "Don't do anything foolish." Reichenbach responded, "what" and was immediately shot twice...

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