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FINA v. HENNARICHS

No. 4D08-1290.

19 So.3d 1081 (2009)

Karen FINA, Roger Fina, Nicolas Fina, a minor, and Nationwide Insurance Company of Florida, Appellants, v. Duane HENNARICHS, as Personal Representative of Estate of Sara Rose Hennarichs, deceased, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 18, 2009.

Attorney(s) appearing for the Case

Hinda Klein, of Conroy, Simberg, Ganon, Krevans, Abel, Lurvey, Morrow & Schefer, P.A., of Hollywood, for appellants Fina.

John H. Pelzer and Robin F. Hazel of Ruden, McClosky, Smith, Schuster & Russell, P.A., Fort Lauderdale, for appellant Nationwide Insurance Company of Florida.

Philip M. Burlington of Burlington & Rockenbach, P.A., West Palm Beach, Paul Jacobs of Jacobs & Straus, P.A., Boca Raton, and Richard E. Retamar of Retamar & Millian, P.A., Deerfield Beach, for appellee.

GERBER, J.

Thirteen-year-old Sara Hennarichs was driving a four-wheel all-terrain vehicle ("ATV") when she lost control, ran into a tree, and died soon thereafter. Sara's estate brought a negligence action against Roger and Karen Fina, who owned the ATV, and their son Nicolas, who let Sara drive it. The estate prevailed at trial. The Finas have appealed the trial court's denial of various motions, contending that the estate could not recover against them for negligence...

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