GROSS BUILDERS, INC. v. POWELL

No. 82-1903.

441 So.2d 1142 (1983)

GROSS BUILDERS, INC., Etc., et al., Appellants, v. Dorman A. POWELL, Individually and As Representative of the Estate of Franz D. Powell, Deceased, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 14, 1983.


Attorney(s) appearing for the Case

Chris W. Altenbernd of Fowler, White, Gillen, Boggs, Villareal & Banker, Tampa, for appellants.

Douglas A. Mulligan of Williams & Milton, St. Petersburg, for appellee.


DANAHY, Judge.

We address two questions in this case, both of which are questions of first impression in Florida. The case reaches us as an appeal by the defendants in a wrongful death action from final judgment for the plaintiff entered upon a jury verdict.

Franz Powell, a three-year old boy, drowned on February 25, 1980, in a swimming pool at the apartment complex where he and his family resided. Franz's father brought this action, as personal representative...

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