SELVIN v. DMC REGENCY RESIDENCE, LTD.

No. 4D00-599.

807 So.2d 676 (2001)

Joseph SELVIN, Personal Representative of the Estate of Benjamin Selvin, Appellant, v. DMC REGENCY RESIDENCE, LTD., a Texas limited partnership, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 4, 2002.


Attorney(s) appearing for the Case

Joel D. Eaton of Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, P.A., Miami, and Ford & Sinclair, P.A., Miami, for appellant.

Geoffrey B. Marks and G. Bart Billbrough of Cole White & Billbrough, P.A., Miami, for appellee.


FARMER, J.

Plaintiff's 93-year old father drowned in a canal behind an assisted-living facility for geriatric residents. The facility had contracted to supply him a residence and certain services. In his suit against the facility for damages, the trial court excluded any evidence of the feasibility of fencing or otherwise obstructing the canal from access by the elderly residents—many of whom, like plaintiff's father, had diminishing cognitive and physical...

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