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H AND U FOODS, INC. v. ELLISON

No. 82-2087.

439 So.2d 923 (1983)

H AND U FOODS, INC., D/B/a McDonald's Restaurant, Appellant, v. Gale ELLISON, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 17, 1983.

Attorney(s) appearing for the Case

Richard A. Sherman, Fort Lauderdale, and Wicker, Smith, Blomqvist, Tutan, O'Hara, McCoy, Graham & Lane, Miami, for appellant.

William R. Hussey, Fort Lauderdale, for appellee.

BERANEK, Judge.

Defendant, a McDonald's Restaurant, appeals the granting of a new trial to the plaintiff/appellee. Plaintiff fell in the defendant's restaurant while trying to step across an empty plastic trash bag which was lying in an aisle. The bag had been placed there by an employee who was changing the plastic trash liners at the time. Plaintiff noticed that the bag was present on the floor. She attempted to step across it, and in doing so, caught her foot in...

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