FRASHER v. WHITEHURST FAMILY, INC.

No. 3D05-2041.

948 So.2d 36 (2006)

Carol FRASHER and Scott Frasher, Appellants, v. WHITEHURST FAMILY, INC., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing Denied February 2, 2007.


Attorney(s) appearing for the Case

Homerbonner and Douglas F. Eaton, Miami, for appellants.

George, Hartz, Lundeen, Fulmer, Silsby & Galicia, and Esther E. Galicia, Fort Lauderdale, for appellee.

Before RAMIREZ, WELLS, and LAGOA, JJ.


Rehearing and Rehearing En Banc Denied February 2, 2007.

RAMIREZ, J.

Plaintiffs Carol and Scott Frasher appeal an adverse final judgment and defendant Whitehurst Family, Inc. cross-appeals the trial court's jury instruction on a possessor of land's liability. We reverse because we conclude that the damages awarded were inadequate as a matter of law.

The Frashers sued Whitehurst alleging that Whitehurst was negligent in failing properly to maintain...

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