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MERRILL CROSSINGS ASSOCIATES v. McDONALD

Nos. 88324, 88776.

705 So.2d 560 (1997)

MERRILL CROSSINGS ASSOCIATES, etc., Petitioner, v. Lawrence Howard McDONALD, et al., Respondents. WAL-MART STORES, INC., etc., Petitioner, v. Lawrence Howard McDONALD, et al., Respondents.

Supreme Court of Florida.

Rehearing Denied February 11, 1998.

Attorney(s) appearing for the Case

Richard A. Sherman and Rosemary B. Wilder of the Law Offices of Richard A. Sherman, P.A., Fort Lauderdale, Noah H. Jenerette, Jr. of Boyd & Jenerette, P.A., Jacksonville, and Jeffrey P. Gill of Bridgers, Gill & Holman, Pensacola, for Petitioners.

Jeffery B. Morris of Morris and Bernard, Jacksonville, and Daniel A. Smith, Jacksonville, for Respondents.

HARDING, Justice.

We have for review a decision certifying the following questions to be of great public importance:

IS AN ACTION ALLEGING THE NEGLIGENCE OF THE DEFENDANTS IN FAILING TO EMPLOY REASONABLE SECURITY MEASURES, WITH SAID OMISSION RESULTING IN AN INTENTIONAL, CRIMINAL ACT BEING PERPETRATED UPON THE PLAINTIFF BY A NON-PARTY ON PROPERTY CONTROLLED BY THE DEFENDANTS, AN "ACTION BASED UPON AN INTENTIONAL TORT" PURSUANT TO SECTION 768.81(4)(B), FLORIDA...

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