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SPANN v. STATE, DEPT. OF CORRECTIONS

No. 81-954.

421 So.2d 1090 (1982)

Percy Lee SPANN, Appellant, v. STATE of Florida, DEPARTMENT OF CORRECTIONS and Glades Correctional Institute, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 8, 1982.

Attorney(s) appearing for the Case

Raymond G. Ingalsbe and David Wiitala of Ingalsbe, McManus & Wiitala, P.A., North Palm Beach, for appellant.

Jim Smith, Atty. Gen., and Joe Belitzky, Asst. Atty. Gen., Tallahassee, for appellees.

HERSEY, Judge.

Percy Lee Spann, while an inmate at the Glades Correctional Institute, suffered burns when another inmate covered him with flammable liquid and ignited it. Spann filed suit against appellees based upon negligent failure to control the offending inmate. After a jury trial, the trial court directed a verdict for appellees. Spann appeals on the theory that the trial court utilized an improper test, more stringent than reasonable care, in concluding that...

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