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McGEE v. SELEVAN

No. 95-1672.

671 So.2d 878 (1996)

Nicolasa McGEE, Appellant, v. Doris SELEVAN, a/k/a Doree Selevan, Appellee.

District Court of Appeal of Florida, Third District.

April 17, 1996.

Attorney(s) appearing for the Case

Arnold R. Ginsberg and Todd R. Schwartz; Murray B. Epstein, Miami, for appellant.

Hermelee, Stieglitz & Walker and A. Blackwell Stieglitz, Miami, for appellee.

Before SCHWARTZ, C.J., and GODERICH and GREEN, JJ.

PER CURIAM.

Appellant Nicolasa McGee appeals from a final summary judgment by the trial court ruling that her claims against Doris Selevan individually, a lessor of the property to McGee's employer, for injuries suffered as a result of a malfunctioning elevator were barred by the immunity provided by the workers' compensation law. We reverse upon a finding that there are material questions of fact remaining to be resolved concerning whether Selevan was actively negligent...

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