Rodriguez v. Esquijarosa

District Court of Appeal of Florida

Rodriguez v. Esquijarosa

391 So. 2d 334, 1980 Fla. App. LEXIS 18242

CourtDistrict Court of Appeal of Florida

DecidedDecember 16, 1980

DocketNo. 80-902

StatusPublished

Cited by2 cases

This text of 391 So. 2d 334 (Rodriguez v. Esquijarosa) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rodriguez v. Esquijarosa, 391 So. 2d 334, 1980 Fla. App. LEXIS 18242 (Fla. Ct. App. 1980).

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Opinion

PEARSON, DANIEL S., Judge.

We affirm the judgment below on a holding that the jury was warranted in finding [335]*335that the act of the defendant Rodriguez in pumping a BB-gun for a seven-year-old child immediately after observing the child point the gun at another [notwithstanding that the defendant may not have been responsible for the welfare of the child and thus not vicariously responsible for the child’s misuse of the gun under Section 790.22, Florida Statutes (1979)] was a negligent act committed by the defendant, rendering him directly responsible for the foreseeable harm to the minor plaintiff, Esqui-jarosa, who was shot and injured when the seven-year-old fired the gun cocked by the defendant. See Wyatt v. McMullen, 350 So.2d 1115 (Fla. 1st DCA 1977).

Affirmed.

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PEARSON, DANIEL S., Judge.

We affirm the judgment below on a holding that the jury was warranted in finding [335]*335that the act of the defendant Rodriguez in pumping a BB-gun for a seven-year-old child immediately after observing the child point the gun at another [notwithstanding that the defendant may not have been responsible for the welfare of the child and thus not vicariously responsible for the child’s misuse of the gun under Section 790.22, Florida Statutes (1979)] was a negligent act committed by the defendant, rendering him directly responsible for the foreseeable harm to the minor plaintiff, Esqui-jarosa, who was shot and injured when the seven-year-old fired the gun cocked by the defendant. See Wyatt v. McMullen, 350 So.2d 1115 (Fla. 1st DCA 1977).

Affirmed.

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Bluebook (online)

391 So. 2d 334, 1980 Fla. App. LEXIS 18242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodriguez-v-esquijarosa-fladistctapp-1980.

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