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STA-RITE INDUSTRIES, INC. v. LEVEY

No. 3D03-2980.

909 So.2d 901 (2004)

STA-RITE INDUSTRIES, INC., a Wisconsin corporation, Appellant, v. Lewis J. LEVEY, as Personal Representative of the estate of Lorenzo Peterson, a minor, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing Denied August 23, 2005.

Attorney(s) appearing for the Case

Marlow Connell Valerius Abrams Adler & Newman, Coral Gables; Hicks & Kneale and Mark Hicks and Dinah Stein, Miami, for appellant.

Haggard, Parks, Haggard & Bologna and Andrew Haggard and Robert Parks and Michael Haggard, Coral Gables; Wetherington, Klein & Hubbart and Gerald T. Wetherington and Phillip A. Hubbart, for appellees.

Before SCHWARTZ, C.J., and COPE and FLETCHER, JJ.

Rehearing and Rehearing En Banc Denied August 23, 2005.

SCHWARTZ, Chief Judge.

While visiting his mother at the Village Apartments, fourteen year old Lorenzo Peterson decided, along with a teenage friend, to swim in the complex's pool. During that innocent excursion he suffered severe brain injuries which occurred when, after removing an unsecured protective grate, he was caught in the powerful suction of the exposed drain. The efforts of numerous rescuers...

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