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COASTAL TOWERS CONDO. APTS v. TRAINOR

Nos. 85-2513, 85-2778.

509 So.2d 351 (1987)

COASTAL TOWERS CONDOMINIUM APARTMENTS ASSOCIATION, INC., Appellant/Cross Appellee, v. Vera F. TRAINOR and Vera F. Trainor, As Personal Representative of the Estate of Gordon P. Trainor, Appellee/Cross Appellant. Vera F. TRAINOR, Etc., et al., Appellants, v. COASTAL TOWERS CONDOMINIUM APARTMENTS ASSOCIATION, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 29, 1987.

Attorney(s) appearing for the Case

Lawrence J. Marraffino, Boca Raton, and Donna E. Albert and Frank R. Gramling of Fertig and Gramling, Fort Lauderdale, for Coastal Towers.

Montgomery, Searcy & Denney, P.A., and Barbara J. Compiani of Edna L. Caruso, P.A., West Palm Beach, for Vera F. Trainor.

PER CURIAM.

We reverse and remand for a new trial solely on the issue of liability. We agree with appellant that the trial court erred in its instructions and comments to the jury concerning the issue of comparative negligence.

In particular we believe the trial court erred in telling the jury that the plaintiff-appellee, Vera F. Trainor, had no legal duty to report the unsafe condition of an elevator within which she subsequently fell, and in subsequently...

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