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BURGER KING CORP. v. KASTOGIANIS

No. 96-0438.

696 So.2d 884 (1997)

BURGER KING CORPORATION, a Florida corporation, Appellant, v. Frieda Arkoulis KASTOGIANIS, as Administrator of the Estate of Gus Arkoulis, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and Clarification Denied July 10, 1997.

Attorney(s) appearing for the Case

Shelley H. Leinicke of Wicker, Smith, Tutan, O'Hara, McCoy, Graham, & Ford, P.A., Fort Lauderdale, for appellant.

Richard A. Kupfer of Richard A. Kupfer, P.A., and Wagner, Johnson, & McAfee, P.A., West Palm Beach, for appellee.

FARMER, Judge.

We affirm on all issues on the main appeal. In particular, we find no abuse of discretion in the grant of new trial because of erroneous instructions on the burden of proof. As to the issue on cross appeal, we expressly hold that the trial court is free in the new trial to revisit its earlier decision as to the admissibility of other acts to show foreseeability.

STEVENSON and GROSS...

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