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RUTTGER HOTEL CORP. v. WAGNER

No. 96-1122.

691 So.2d 1177 (1997)

RUTTGER HOTEL CORPORATION, d/b/a Days Inn Oceanfront and Days Inn of America, Inc., Appellants, v. Lisa WAGNER and Owen Asbell, Appellees.

District Court of Appeal of Florida, Third District.

April 23, 1997.

Attorney(s) appearing for the Case

Conroy, Simberg & Ganon, and Hinda Klein, Hollywood, for appellants.

Kluger, Peretz, Kaplan & Berlin, and Andrew P. Gold, Miami, for appellee Lisa Wagner.

Panter & Panter, and Mitchell J. Panter, Miami, for appellee Owen W. Asbell.

Before GERSTEN, GREEN and SHEVIN, JJ.

GERSTEN, Judge.

Appellants, Ruttger Hotel Corporation, d/b/a Days Inn Oceanfront, and Days Inn of America, Inc. (collectively "hotel"), appeal an adverse jury verdict contending that the impact rule bars recovery. We agree and reverse.

The appellees, Lisa Wagner and her father Owen Asbell, were staying at a Days Inn in Fort Lauderdale with Wagner's three children. Around 7:00 a.m., Asbell left his room and was about to enter his daughter's room when a robber...

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