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SAN MARCO REALTY, INC. v. DOPIERALA

No. 2D08-1928.

14 So.3d 1108 (2009)

SAN MARCO REALTY, INC., d/b/a Marco True Value Hardware, Appellant, v. David A. DOPIERALA and Pamela Dopierala, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied July 23, 2009.

Attorney(s) appearing for the Case

Robert E. Biasotti of Carlton Fields, P.A., St. Petersburg, for Appellant.

Richard L. Purtz of Goldstein, Buckley, Cechman, Rice & Purtz, P.A., Fort Myers, for Appellees.

PER CURIAM.

San Marco Realty, Inc., appeals a final judgment entered in favor of David and Pamela Dopierala, arguing that the trial court erred in entering a judgment notwithstanding the verdict. We reverse.

David Dopierala was severely injured when his leg slipped into a manhole. The cover for the manhole did not fit properly, thus causing the accident. The manhole was located on the property of San Marco. The sole issue at trial was who was responsible for...

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