JAVITS v. RSMO INDEPENDENCE MANAGEMENT

No. 98-2169.

738 So.2d 521 (1999)

Paula JAVITS and Robert Javits, her husband, Appellants, v. RSMO INDEPENDENCE MANAGEMENT CONSULTANTS, INC. d/b/a Howard Johnson Hollywood Beach Resort, a Florida corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

August 18, 1999.


Attorney(s) appearing for the Case

Bruce L. Hollander of Bruce L. Hollander, P.A., Hollywood, for appellants.

Martin E. Leach of Merritt, Sikes & Leach, P.A., Miami, for appellee.


STONE, J.

We reverse the entry of a final summary judgment in this negligence action against Appellee, the owner of a resort hotel.

Paula Javits, a guest at the hotel, fell at the outdoor shower located on the hotel premises. She was alone; there were no witness to her fall. She admitted in her deposition that she "went blank." She had no specific recollection of what caused the fall, but stated that the similarity in color between the raised concrete shower...

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