Florida District Courts of Appeal, 1980

Rodriguez v. Esquijarosa

Florida District Courts of Appeal · Decided December 16, 1980 · Barkdull, Baskin, Daniel, Pearson

391 So. 2d 334; 1980 Fla. App. LEXIS 18242 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Williams v. Bumpass (Fla. Dist. Ct. App. 1990)
Kitchen v. K-Mart Corp. (Fla. 1997)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PEARSON, DANIEL S., Judge.

We affirm the judgment below on a holding that the jury was warranted in finding *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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