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MONFORTI v. K-MART, INC.

No. 94-2907.

690 So.2d 631 (1997)

Maryann MONFORTI, et al., Appellants, v. K-MART, INC., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 24, 1997.

Attorney(s) appearing for the Case

Russell S. Bohn of Caruso, Burlington, Bohn & Compiani, P.A., West Palm Beach, and Souders and Gordon, Tampa, for Appellants.

Tracy Raffles Gunn of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tampa, for Appellee.

PETERSON, Chief Judge.

Maryann Monforti, her husband and two children, appeal a final judgment entered in favor of K-Mart, Inc., after a jury trial. The primary complaint on appeal raised by the Monfortis is the trial court's denial of their request to issue a res ipsa loquitur instruction to the jury. We agree with the trial court that the request was properly denied.

According to Maryann Monforti's recollection of the incident giving rise to this...

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