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TGI FRIDAY'S v. ERWIN CHEM. LABORATORIES, INC.

No. 91-1164.

610 So.2d 30 (1992)

TGI FRIDAY'S INC., a New York corporation, doing business as TGI Friday's, Appellant, v. ERWIN CHEMICAL LABORATORIES, INC., a Florida corporation d/b/a Erwin Chemical Laboratories, Robert Erwin, an individual, and Marie D. Dvorak, an individual, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing or Clarification Denied January 19, 1993.

Attorney(s) appearing for the Case

Sellers, Supran, Cole, Marion & Espy, P.A., and Marjorie Gadarian Graham of Marjorie Gadarian Graham, P.A., West Palm Beach, for appellant.

Kenn W. Goff of Welbaum, Zook & Jones, Coral Gables, for appellee Robert Erwin.

LETTS, Judge.

This appeal arises from a slip and fall accident which occurred in a restaurant. The trial judge granted a motion for summary judgment in favor of the consultant, Robert Erwin, who tested the floor wax to determine if the wax rendered, or assisted in rendering, the floor unsafe and slippery. The record is replete with divergent testimony which raises material questions of fact as to Erwin's performance, thus...

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