PUBLIX SUPER MARKETS, INC. v. LOROW

No. 92-157.

618 So.2d 309 (1993)

PUBLIX SUPER MARKETS, INC., Appellant, v. CONNILOUS T. LOROW, individually, as surviving husband, and as Personal Representative of the Estate of Marisa Maugeri, deceased, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 8, 1993.


Attorney(s) appearing for the Case

Pyszka, Kessler, Massey, Weldon, Catri, Holton & Douberley and William M. Douberley, Miami, for appellant.

Angones, Hunter, McClure, Lynch & Williams and Christopher Lynch and Steve Hunter, Miami, for appellee.

Before BARKDULL, FERGUSON and LEVY, JJ.


PER CURIAM.

We reverse the final judgment granting the plaintiff a new trial. The only specific and contemporaneous objection made to the points now raised as error was directed to the jury instruction. We hold, however, that the instruction given was not clearly erroneous as it was consistent with the plaintiff's theory of the case and did not, as contended, direct the jury that the defendant had no duty to provide reasonable security on an adjacent non-owned lot...

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