KAUFMAN v. SCHMAHL

No. 97-3165.

710 So.2d 150 (1998)

Vivian Kaufman and Owen KAUFMAN, Appellants, v. Robert K. SCHMAHL and Douglas E. Schmahl, Appellees.

District Court of Appeal of Florida, Fourth District.

April 22, 1998.


Attorney(s) appearing for the Case

Stephen L. Zimmerman of Zimmerman, Zimmerman & Miceli, P.A., Pompano Beach, for appellants.

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


KLEIN, Judge.

Appellant Vivian Kaufman was injured when she fell in a theater, breaking her hip. She sued the lessee and the owners, and the trial judge granted the owner's motion for summary judgment. We reverse.

Appellant attended a play at the Public Theater of South Florida and was seated in the front row. That row is on a platform which is elevated six to eight inches above the floor in front of it. The seats apparently slide forward when a person sits...

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