LE v. LIGHTHOUSE ASSOCIATES, INC.

No. 4D09-4441.

57 So.3d 283 (2011)

Jeannine LE and Son Le, individually and as parents, natural and legal guardians of Thailor Le, a minor, Appellants, v. LIGHTHOUSE ASSOCIATES, INC., d/b/a Carlson Ross Pool & Spa, Appellee.

District Court of Appeal of Florida, Fourth District.

March 30, 2011.


Attorney(s) appearing for the Case

William J. McFarlane, III of Law Offices of McFarlane & Dolan, Coral Springs, for appellants.

John S. Penton, Jr. of Cole, Scott & Kissane, P.A., West Palm Beach, for appellee.


GERBER, J.

In this negligence case, the plaintiffs appeal from the circuit court's order granting the defendant's motion for summary judgment. We reverse because the circuit court misplaced the burden of proof in granting the motion.

The plaintiffs alleged that their son was exposed to unsanitary conditions while swimming in a community pool which the defendant maintained. The plaintiffs further alleged that, as a result of the defendant's negligence, their...

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