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KIRSCH BY & THRO' KIRSCH v. AETNA CAS. & SUR. CO.

Nos. 91-00885, 91-01485.

598 So.2d 109 (1992)

Timothy KIRSCH, Jr., a minor, by and through his natural parents, Timothy P. KIRSCH and Lynn C. Kirsch, and Timothy P. Kirsch and Lynn C. Kirsch, individually, Appellants, v. AETNA CASUALTY & SURETY COMPANY, Appellee. Timothy KIRSCH, Jr., a minor, by and through his natural parents, Timothy P. KIRSCH and Lynn C. Kirsch, and Timothy P. Kirsch and Lynn C. Kirsch, individually, Appellants, v. Stephanie STAHL and Joyce M. Tekavec, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied May 18, 1992.

Attorney(s) appearing for the Case

Stuart C. Markman and James E. Felman of Kynes & Markman, P.A., Tampa, for appellants.

Nancy A. Lauten of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tampa, for appellee Aetna.

Dennis P. Waggoner of Hill, Ward & Henderson, P.A., Tampa, for appellee Tekavec.

No appearance for appellee, Stahl.

PATTERSON, Judge.

In this consolidated appeal, the appellants challenge the final summary judgments entered in favor of Aetna Casualty & Surety Company (Aetna) and Joyce M. Tekavec. We affirm as to Tekavec and reverse as to Aetna.

This case arises from injuries sustained by Timothy Kirsch, Jr., age fourteen months, while attending an HRS licensed day care program operated in Tekavec's home by her daughter, Stephanie Stahl. At approximately 8:00 a.m. on...

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