Civil Litigation

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DI MARE & DREWS, INC. d/b/a Capri Motel v. KENDALL KERRIGAN and WENDY KERRIGAN

27 Fla. L. Weekly D657 (Fla. 4th DCA Mar. 20, 2002)

The plaintiff tried the case on a single theory: whether the defendant, the owner of an apartment building, negligently maintained a dangerous doorway exit causing plaintiff, a visitor, to suffer serious injuries. There was evidence that the exit violated the building code in at least three respects.

The owner, who had the building for some 10 years but lived in Canada, sought to defend by showing that no one had ever told him of the building code violations, and thus he lacked knowledge of the dangerous conditions. As the trial was getting underway, the plaintiff moved in limine to exclude any evidence of the defense of lack of knowledge. After listening to extensive argument on the issue of knowledge just before plaintiff

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