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SOLTWISCH v. PASCO COUNTY

No. 2D08-6070.

33 So.3d 85 (2010)

Michele SOLTWISCH, Individually, and as Personal Representative of the Estate of Ernest Soltwisch, Deceased, Appellant, v. PASCO COUNTY, a subdivision of the State of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 9, 2010.

Attorney(s) appearing for the Case

J. Steele Olmstead of J. Steel Olmstead, P.A., and Susan W. Fox of Fox & Loquasto, P.A., Tampa, for Appellant.

Devon O. Ombres and Bryan M. Rotella, Tampa, and Scott A. Cole of Cole, Scott & Kissane, P.A., Miami, for Appellee.

CRENSHAW, Judge.

Michele Soltwisch, individually and as personal representative of the Estate of Ernest Soltwisch (the Estate), appeals a final judgment that granted Pasco County's motion for directed verdict on the parties' negligence and res ipsa loquitur claims. Because there was evidence from which a jury could have concluded that Pasco County was liable for Mr. Soltwisch's injuries, we find the trial court erred as a matter of law. Accordingly, we reverse and...

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