K-MART CORP. v. COLLINS

No. 97-00816.

707 So.2d 753 (1998)

K-MART CORPORATION, a Michigan corporation, Appellant, v. Jacqueline COLLINS and Garry Collins, Appellees.

District Court of Appeal of Florida, Second District.

January 9, 1998.


Attorney(s) appearing for the Case

Rick A. Mattson, David R. Reed, and Tracy E. Leduc of Mattson, McGrady & Swearingen, P.A., St. Petersburg, for Appellant.

Gary M. Schaaf of Stein, Ford, Schaaf & Towzey, L.L.P., St. Petersburg, for Appellees.


WHATLEY, Judge.

K-Mart Corporation appeals an order granting Jacqueline and Garry Collins a new trial on the issue of comparative negligence in their action for damages resulting from Jacqueline's fall in a K-Mart store. We hold that the entry of this order was an abuse of discretion and reverse.

On the day of the fall, Jacqueline and Garry Collins arrived at the K-Mart before it opened for business. When the store did open, Jacqueline went directly to the...

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