UTICA MUT. INS. CO. v. JONES

No. 80-1909.

408 So.2d 769 (1982)

UTICA MUTUAL INSURANCE COMPANY, Appellant, v. Donald Roy JONES, a Minor, by and through His Parents and Next Friends, Donald Revis Jones and Karen Lois Jones, Individually, and Roy G. Davis d/b/a Tampa Wholesale Nursery, Appellees.

District Court of Appeal of Florida, Second District.

January 13, 1982.


Attorney(s) appearing for the Case

Timon V. Sullivan and David R. Tyrrell of Shackleford, Farrior, Stallings & Evans, Tampa, for appellant.

Joel S. Perwin and Joel D. Eaton of Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow & Olin, Miami, and Wagner, Cunningham, Vaughan & McLaughlin, Tampa, for appellees Donald Roy Jones, Donald Revis Jones, and Karen Lois Jones.

Howard L. Garrett of Garrett & Garrett, Tampa, for appellee Roy G. Davis, d/b/a Tampa Wholesale Nursery.


BOARDMAN, Judge.

Utica Mutual Insurance Company, one of the defendants in the trial court, appeals a final judgment awarding damages against it and appellee/defendant Roy G. Davis in favor of plaintiffs/appellees Donald Roy Jones (Donnie) and his parents. We reverse.

The facts are that on January 25, 1974, Michael Davis, appellee Davis' son, invited Donnie, who was then twelve years old, over to his house to play. When Donnie arrived, Kenneth King, another...

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