Whipple v. D & D TREE FARMS, INC.

Dwayne Whipple, as personal representative of the estate of Jaylen Whipple, appeals to this Court the summary judgment entered on the defendants’ behalf and the Order Denying the Plaintiffs Motion for Rehearing. We reverse because we agree with Whipple that the trial court erred in granting summary judgment for the defendants.

On August 15, 2007, Dwayne Whipple and Kimberlee Whipple took their 7-year-old son Kevin to the hospital and left the decedent, Jaylen Whipple, then 2-years-old, in the care of his aunt, Denise Baker, and his great-aunt, Faustino Poquiz, at the Whipple’s apartment in…