WESTMORELAND v. CARRERO

No. 98-0061.

710 So.2d 650 (1998)

Lisa WESTMORELAND, as Personal Representative of the Estate of Rosemarie Deslauriers, Deceased, Petitioner, v. Elizabeth CARRERO and Laniel Carrero, as Co-Personal Representative of the Estate of Lenise Carrero, deceased, and Estate of Laniel Carrero, deceased, for the use and benefit of the Estate of Lenise Carrero and Estate of Laniel Carrero, Elizabeth Carrero and Laniel Carrero, as parents of Lenise Carrero, deceased, and Laniel Carrero, deceased, and Elizabeth Carrero and Laniel Carrero, individually, Jean Deslauriers, as Personal Representative of the Estate of Fleurette Deslauriers a/k/a Fleurette Lalonde, deceased, for the use and benefit of the Estate of Fleurette Deslauriers a/k/a Fleurette Lalonde, deceased and Jean Deslauriers, individually, Engle Homes, Inc., Sasso Air Conditioning, Inc. and The Trane Company, a subsidiary of American Standard, Inc., Respondents.

District Court of Appeal of Florida, Fourth District.

April 15, 1998.


Attorney(s) appearing for the Case

Patrick B. Flanagan of Flanagan, Maniotis & Berger, P.A., West Palm Beach, and Dean A. Mitchell of Law Offices of Dean A. Mitchell, Miami, for petitioner.

Michael C. Mattson and Laura Douglas of Cooney, Mattson, Lance, Blackburn, Richards & O'Connor, P.A., for Respondent-The Trane Company.

Donald W. Hafele of Donald W. Hafele, P.A., West Palm Beach, for Respondent-Sasso Air Conditioning, Inc.

Shelley H. Leinicke of Wicker, Smith, Tutan, O'Hara, McCoy, Graham & Ford, P.A., Fort Lauderdale, for Respondent-Engle Homes, Inc.


WARNER, Judge.

Petitioner filed suit against respondents for negligence, breach of warranty and other causes for the wrongful death of Rosemarie Deslauriers and four members of her family. The family died from carbon monoxide gases in their home when a van was left running in the garage. Respondents denied negligence and alleged the negligence or intervening acts by third parties.

In the course of discovery, respondents...

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