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GONSALVES v. SEARS, ROEBUCK AND CO.

No. 4D02-3196.

859 So.2d 1207 (2003)

Khalilla GONSALVES, Appellant, v. SEARS, ROEBUCK AND CO., and Flamingo Carpet, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 12, 2003.

Attorney(s) appearing for the Case

Ginsberg & Schwartz, Miami, and Craig W. Lekach of Lekach, Klitzner & Ansel, Fort Lauderdale, for appellant.

Steven M. Pincus of C. Brooks Ricca, Jr. & Associates, P.A., West Palm Beach, for appellees.

POLEN, J.

This appeal arises out of the purchase and allegedly negligent installation of carpet and its resulting injury to Appellant. For the reasons set forth below, we reverse.

The facts are for the most part undisputed. Appellant's mother is a homeowner in Davie, Florida. In 1995, the mother purchased carpeting for a staircase from Sears. Sears installed the carpeting through its contractor Flamingo. The carpeting was not installed correctly the first...

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