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Miami Shores Village v. Mallicote

District Court of Appeal of Florida, Third District
Dec 3, 1982
421 So. 2d 662 (Fla. Dist. Ct. App. 1982)

Opinion

No. 81-1976.

November 2, 1982. Rehearing Denied December 3, 1982.

Appeal from the Circuit Court, Dade County, Dick C.P. Lantz, J.

William F. Fann, Jr., Miami Shores, for appellant.

Joe N. Unger, Miami; Abel Jacobson, Hallandale, for appellee.

Before SCHWARTZ, DANIEL S. PEARSON and FERGUSON, JJ.


We conclude that the jury verdict against it is supported by competent evidence that the defendant municipality negligently supplied inadequate equipment for the plaintiff's judo class and that the defective condition was a legal cause of his injuries. See Schmidt v. Bowl America Florida, Inc., 358 So.2d 1385 (Fla. 4th DCA 1978); Metropolitan Dade County v. Yelvington, 392 So.2d 911 (Fla. 3d DCA 1980). Since neither the defendant's attack on the instructions actually given, Colonial Stores, Inc. v. Scarbrough, 355 So.2d 1181 (Fla. 1978); Variety Children's Hospital, Inc. v. Perkins, 382 So.2d 331 (Fla. 3d DCA 1980), nor its claim that the issue of assumption of the risk should have been submitted to the jury, Tidwell v. Toca, 362 So.2d 85 (Fla. 3d DCA 1978), cert. denied, 368 So.2d 1375 (1979); Fla.R.Civ.P. 1.470(b), was properly preserved below, the judgment under review is

Affirmed.


Summaries of

Miami Shores Village v. Mallicote

District Court of Appeal of Florida, Third District
Dec 3, 1982
421 So. 2d 662 (Fla. Dist. Ct. App. 1982)
Case details for

Miami Shores Village v. Mallicote

Case Details

Full title:MIAMI SHORES VILLAGE, INC., APPELLANT, v. CHARLES MALLICOTE, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Dec 3, 1982

Citations

421 So. 2d 662 (Fla. Dist. Ct. App. 1982)