DADE FED. SAV. & LOAN ASS'N v. SMITH

No. XX-188.

403 So.2d 995 (1981)

DADE FEDERAL SAVINGS & LOAN ASSOCIATION and Fidelity & Deposit Company of Maryland, Appellants, v. Doris SMITH, Appellee.

District Court of Appeal of Florida, First District.

On Rehearing June 9, 1981.

Rehearing Denied September 24, 1981.


Attorney(s) appearing for the Case

Robert C. Barrett of Akerman, Senterfitt & Eidson, Orlando, for appellants.

J. David Parrish and Bill McCabe of Shepard, McCabe & Cooley, Orlando, for appellee.


McCORD, Judge.

Appellee, who was 56 years of age, was obese weighing 280 pounds, had arthritis in her knees, and had worked for appellant for 23 years. She walked with a cane, and appellant had known for years that she had arthritis. She never missed work on account of it, however. She was a cleaning woman, and while working, she tripped and fell on her right knee and head, causing a sprain to her right knee. Dr. Field testified...

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