MAGIC ORIENTAL RUGS, INC. v. KOMOROWSKI

No. 93-405.

618 So.2d 322 (1993)

MAGIC ORIENTAL RUGS, INC., Appellant, v. Isabel KOMOROWSKI and Walter Komorowski, Appellees.

District Court of Appeal of Florida, Third District.

May 11, 1993.


Attorney(s) appearing for the Case

Arthur A. Cohen, Miami, for appellant.

Weaver, Kuvin, Weaver & Lipton, and Ben J. Weaver, Ft. Lauderdale, for appellees.

Before SCHWARTZ, C.J., and HUBBART and COPE, JJ.


PER CURIAM.

Assuming, without deciding, that the doctrine of res ipsa loquitur applies to the instant case as urged by the plaintiffs Isabel and Walter Komorowski and as found by the trial court below, this doctrine merely raises a permissible, not a compulsory, inference of negligence against the defendant Magic Oriental Rugs, Inc. in the accident sued upon. Accordingly, the trial court erred in entering summary judgment for the plaintiffs on the issue of liability...

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