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MARRIOTT INTERNATIONAL, INC. v. PEREZ-MELENDEZ

No. 5D02-1624.

855 So.2d 624 (2003)

MARRIOTT INTERNATIONAL, INC., Appellant/Cross-Appellee, v. Zaria PEREZ-MELENDEZ, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

Opinion Denying Rehearing, Clarification and Certification September 26, 2003.

Attorney(s) appearing for the Case

Marie A. Borland of Hill, Ward & Henderson, P.A., Tampa and John H. Ward of Brown, Ward, Salzman & Weiss, Orlando, for Appellant/Cross-Appellee.

Elizabeth H. Faiella of Elizabeth H. Faiella, P.A., Winter Park and Marcia K. Lippincott of Marcia K. Lippincott, P.A., Lake Mary, for Appellee/Cross-Appellant.

SAWAYA, C.J.

Marriott International, Inc., (Marriott) appeals a final judgment entered in favor of Zaira Perez-Melendez (Perez-Melendez) based on a jury verdict awarding Perez-Melendez damages for the injuries she sustained when she fell into a drain inlet located on property owned by Marriott. The issue we will address is whether the trial court erred in failing to direct a verdict in favor of Marriott because Perez-Melendez failed to establish any negligence

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