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WESTINGHOUSE CORPORATION v. RUIZ

Nos. 88-46, 88-308.

537 So.2d 596 (1988)

WESTINGHOUSE CORPORATION, Appellant/Cross-Appellee, v. Catherine RUIZ, As Next Friend of Nikolas Ruiz, a Minor, and Catherine Ruiz and James Ruiz, As Parents of Nikolas Ruiz, Appellees/Cross-Appellants.

District Court of Appeal of Florida, Third District.

November 8, 1988.

Attorney(s) appearing for the Case

Roy D. Wasson, Miami, for appellant/cross-appellee.

Keith Chasin; Lawrence & Daniels and Adam H. Lawrence, Miami, for appellees/cross-appellants.

Before NESBITT and FERGUSON, JJ., and VANN, HAROLD R., Associate Judge.

FERGUSON, Judge.

A department store escalator caused third-degree lacerations to the left hand of four-year-old Nikolas Ruiz. Two facts are not disputed; (1) neither Nikolas nor his mother was negligent, and (2) the escalator was under the exclusive control of the department store, J.C. Penney. The store settled with the appellants for $10,000 and was never a party to this action.

The complaint against Westinghouse, the manufacturer of the escalator, was based...

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