KOHLER CO. v. MARCOTTE

No. 3D04-296.

907 So.2d 596 (2005)

KOHLER CO., Appellant, v. Timothy R. MARCOTTE, et al., Appellees.

District Court of Appeal of Florida, Third District.

July 20, 2005.


Attorney(s) appearing for the Case

Hicks & Kneale and Mark Hicks, Miami; and Wilson Elser Moskowitz Edelman & Dicker, for appellant.

Joel S. Perwin; Billbrough & Marks, Miami; and Brett A. Weinberg, for appellees.

Before WELLS and ROTHENBERG, JJ., and SCHWARTZ, Senior Judge.


ROTHENBERG, Judge.

The defendant, Kohler Co., appeals a final judgment following a jury trial in favor of the plaintiffs, Timothy R. Marcotte and Cindy L. Marcotte, Individually and as Legal Guardians of Timothy N. Marcotte, a minor. We reverse.

In January 1998, Timothy N. Marcotte ("child"), who was seven years old at the time, was permanently injured when his left dominant hand came in contact with the rotating plastic air intake screen on the "Magnum 20...

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