WINN-DIXIE STORES, INC. v. CARN

No. 84-994.

473 So.2d 742 (1985)

WINN-DIXIE STORES, INC., Appellant, v. Kathleen CARN and Patricia Carn, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing and Rehearing Denied August 29, 1985


Attorney(s) appearing for the Case

Montalto & Blank, Miami, and Larry Klein of Klein & Beranek, P.A., West Palm Beach, for appellant.

Jeffrey Colbath, West Palm Beach, and Edna L. Caruso of Edna L. Caruso, P.A., West Palm Beach, for appellees.


Rehearing and Rehearing En Banc Denied August 29, 1985

ANSTEAD, Chief Judge.

We reverse the judgment and hold that the trial court erred in failing to direct a verdict for appellant, Winn-Dixie Stores, Inc., on a claim for injuries sustained by appellees, Kathleen Carn and Patricia Carn, when an automobile left the public roadway and struck appellees on the public sidewalk in front of appellant's store.

In essence, appellees' theory of liability was...

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