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AMERICAN HOSPITALITY MANAGEMENT v. HETTIGER

No. 4D03-2001.

904 So.2d 547 (2005)

AMERICAN HOSPITALITY MANAGEMENT COMPANY OF MINNESOTA, Appellant, v. Edward P. HETTIGER, III, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 15, 2005.

Attorney(s) appearing for the Case

Bard D. Rockenbach, West Palm Beach, and F. Neal Colvin of the Law Offices of Peter J. Delahunty, Palm Beach Gardens, for appellant.

Julie H. Littky-Rubin of Lytal, Reiter, Clark, Fountain & Williams, L.L.P., West Palm Beach, for appellee.

FARMER, C.J.

A hotel operator appeals a mid-trial ruling in favor of a repairman injured on its premises while using one of its ladders. It argues that the trial court erred by instructing the jury as to a rebuttable presumption of negligence. We agree and reverse.

The repairman accompanied other air conditioning service personnel to a Holiday Inn. The repairman borrowed a ladder from the hotel operator to do the...

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