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GARCIA v. GEICO GENERAL INSURANCE CO.

Case No. 07-23044-CIV.

712 F.Supp.2d 1316 (2010)

Esperanza GARCIA, as Representative of the Estate of Paola Penafiel, Plaintiff v. GEICO GENERAL INSURANCE CO., Defendant. Geico General Insurance Co., Plaintiff v. Edgar Baena, Miguel Baena, Esperanza Garcia, as personal representative of the Estate of Paola Penafiel, Enterprise Leasing Co., et al., Defendants.

United States District Court, S.D. Florida, Miami Division.

May 10, 2010.

Attorney(s) appearing for the Case

Arturo C. Martinez, Esq. , Shutts & Bowen LLP, Miami, FL, for Plaintiff.

Marc R. Ginsberg, Esq. , Miami Lakes, FL, for Defendant.

AMENDED ORDER ON MOTIONS FOR SUMMARY JUDGMENT1

ADALBERTO JORDAN, District Judge.

On Saturday night, December 16, 2006, Miguel Baena and his fraternal twin, Edgar, went to a Miami Heat basketball game at the American Airlines Arena in downtown Miami. Little did they know, when they headed to the game, that an evening of fun would turn into a night of tragedy. At around 6:30 a.m. the following morning, Edgar—driving...

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