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ABES v. PUBLIX SUPERMARKETS, INC.

No. 92-0623.

610 So.2d 709 (1992)

Doris A. ABES and Bernard Abes, Appellants, v. PUBLIX SUPERMARKETS, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

December 23, 1992.

Attorney(s) appearing for the Case

Larry Klein of Klein & Walsh, P.A., Pariente & Silber, P.A., West Palm Beach, for appellants.

Shelley H. Leinicke of Wicker, Smith, Tutan, O'Hara, McCoy, Graham & Lane, P.A., Fort Lauderdale, for appellee.

PER CURIAM.

Abes, a customer in Publix, tripped over a large cardboard carton containing watermelons, which was placed on a wooden pallet in an aisle of the store. The pallet extended four inches out from the bottom of the carton and had gaps between the boards. Abes testified that she wasn't looking for the box, she was looking for the potatoes when she tripped and fell. The trial court granted Publix' motion for summary...

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