Legal Opinion

Kadushin v. Philmac Realty Corp.

District Court of Appeal of Florida

Decided March 30, 1961No. 59-668PublishedCited by 3 opinions

1Opinion of the Court

PEARSON, TILLMAN, Judge.

The appellant as plaintiff alleged that he was injured when a large portion of the ceiling of a hotel in which he was a paying guest fell upon him. The defendant answered by a general denial of negligence and by way of affirmative defense alleged that the proximate cause of the plaintiff’s injuries was a latent defect or an act of God or contributory negligence of the plaintiff. After the completion of discovery procedure the defendant moved for and was granted a summary final judgment. This appeal followed and we reverse.

Samuel Kadushin was a paying guest at the…

2Cases cited18 opinions

  1. Food Fair Stores of Florida, Inc. v. PattySupreme Court of Florida · 1959
  2. Yarbrough v. Ball U-Drive SystemSupreme Court of Florida · 1950
  3. Miller v. ShullSupreme Court of Florida · 1950
  4. Skeen Et Vir v. Stanley Co. of AmericaSupreme Court of Pennsylvania · 1949
  5. Bonita Theatre v. BridgesCourt of Appeals of Georgia · 1924

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3Cited by3 opinions

  1. Kala Investments, Inc. v. SklarDistrict Court of Appeal of Florida · 1989
  2. Dayton Tire and Rubber Co. v. DavisDistrict Court of Appeal of Florida · 1977
  3. Millan v. Celebration Cruise Operator, Inc.District Court, S.D. Florida · 2015

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