HENRY BETANCOURT, APPELLANT,
v.
COMMERCIAL BANK AND TRUST COMPANY ET AL., APPELLEES

Fla. 3d DCA | 1980-12-16
No. 80-894
Before BARKDULL, BASKIN and PEARSON, DANIEL, JJ.
391 So. 2d 334 Florida District Court of Appeal, Third District (1980) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. Proctor v. Hearne, 100 Fla. 1180, 131 So. 173 (1930); Biltmore Terrace Associates v. Kegan, 130 So. 2d 631 (Fla. 3d DCA 1961); Creviston v. General Motors Corporation, 225 So. 2d 331 (Fla.1969); In re Yohn’s Estate, 238 So. 2d 290 (Fla.1970); Smith v. Continental Insurance Company, 326 So. 2d 189 (Fla. 2d DCA 1976); Inman v. The Club on Sailboat Key, Inc., 342 So. 2d 1069 (Fla. 3d DCA 1977); Alario v. Miller, 354 So. 2d 925 (Fla. 2d DCA 1978); Robertson v. Goethel, 369 So. 2d 365 (Fla. 3d DCA 1979); Applegate v. The Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla.1980); Section 95.11(3)(a) Florida Statutes (1973).


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  • Kitchen v. K-Mart Corp., 697 So. 2d 1200 (Fla. 1997)
    …nt of Torts (1965).” Id. at 982 n. 2.6 Other Florida decisions, although not expressly adopting the Restatement, have followed its standard in finding defendants liable for the negligent entrustment of a firearm. See, e.g.,Rodriguez v. Esquijarosa, 391 So. 2d 334 (Fla. 3d DCA 1980) (affirming a finding of liability against a defendant who pumped a BB gun for a child after witnessing the child threaten another with the gun); Sixty-Six, Inc. v. Finley, 224 So. 2d 381 (Fla. 3d DCA 1969) (finding a hotel liable…
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  • Williams v. Bumpass, 568 So. 2d 979 (Fla. 5th DCA 1990)
    …ts negligent or intentional use by another, unless the owner knew, or should have known, that the other person was likely to use it in a manner involving an unreasonable harm to others.” Id. at 1094 (citations omitted). In Rodriguez v. Esquijarosa, 391 So. 2d 334 (Fla. 3d DCA 1980), the Third District affirmed a jury finding of liability in an instance where a defendant pumped a BB gun for a seven year old child immediately after observing the child point the gun at another. The court held that such was a n…

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