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OLSON v. CROWELL PLUMBING & HEATING CO.

No. 5D09-2100.

48 So.3d 139 (2010)

Sherry R. OLSON, as Personal Representatives of the Estate of Timothy M. Olson, Appellants, v. CROWELL PLUMBING & HEATING CO., INC.; Rodney K. Maggiacomo; SD Watersports, LLC; Sammy Duvall Management Corp.; World Watersports, Inc.; Sammy Duvall; Scott Wester; Timothy M. Smith; Jeffrey T. Green; Walt Disney World Co.; and Walt Disney World Hospitality & Recreation Corporation, Appellees.

District Court of Appeal of Florida, Fifth District.

November 19, 2010.

Attorney(s) appearing for the Case

Jeffrey K. Grant and D. Andrew DeBevoise of DeBevoise & Poulton, P.A., Winter Park, for Appellants.

Michael S. Rywant of Rywant, Alvarez, Jones, Russo & Guyton, P.A., Gainesville, for Appellees Crowell Plumbing & Heating Co. and Rodney K. Maggiacomo.

David F. Pope of Banker Lopez Gassler, P.A., Tampa, for Appellees SD Watersports, LLC, Sammy Duvall Management Corp., World Water Sports, Inc., Sammy Duvall, Scott Wester, Timothy M. Smith, and Jeffrey T. Green.

Robert W. Thielhelm, Jr. and Michael S. Vitale of Baker & Hostetler LLP, Orlando, for Appellees Walt Disney World Co. and Walt Disney World Hospitality & Recreation Corporation.

COHEN, J.

We review the trial court's summary final judgment in this wrongful death lawsuit brought by Appellants, Roger R. Olson and Sherry R. Olson, as Personal Representatives of the Estate of Timothy F. Olson, who drowned during the installation of a floating dock on Walt Disney World property. Because a genuine issue of material fact exists regarding proximate causation, we reverse and remand for further proceedings.

Timothy Olson was employed by SD Watersports...

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