DI MARE & DREWS, INC. v. KERRIGAN

No. 4D01-1090.

810 So.2d 1066 (2002)

DI MARE & DREWS, INC. d/b/a Capri Motel, Appellant, v. Kendall KERRIGAN and Wendy Kerrigan, Appellees.

District Court of Appeal of Florida, Fourth District.

March 20, 2002.


Attorney(s) appearing for the Case

Keith J. Lambdin of Lambdin & Rosser, P.A., Plantation, for appellant.

Joseph S. Kashi of Sperry, Shapiro & Kashi, P.A., and Frederick W. Hoethke, P.A., Fort Lauderdale, for appellees.


FARMER, J.

We affirm the judgment under review and write only to address two issues.

Judge Warner has correctly described the incident leading to this lawsuit, as well as some allegations from the pleadings. Irrespective of the general claim formed by the complaint, however, plaintiff tried this case on a single theory: that the defendant owner of the apartment building negligently maintained a dangerous doorway exit from an apartment unit causing plaintiff...

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