JULIO C. BERRIEL, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1979-02-27
No. 78-398
Before HENDRY and SCHWARTZ, JJ., and CHARLES CARROLL (Ret.), Associate Judge.
368 So. 2d 609 Florida District Court of Appeal, Third District (1979) Negative Treatment
Cited by 20 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. Walker v. State, 196 So. 2d 8 (Fla. 3d DCA 1967); United States v. Barone, 330 F. 2d 543 (2d Cir. 1964), cert. denied, 377 U.S. 1004, 84 S.Ct. 1940, 12 L.Ed.2d 1053 (1964); Winchell v. State, 362 So. 2d 992, 995 (Fla. 3d DCA 1978).


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  • Price v. Morgan, 436 So. 2d 1116 (Fla. 5th DCA 1983)
    …liable to the fireman, notwithstanding the fact that the injury did not occur on the defendant’s property. See Scott v. E.L. Yeager Construction Co., 12 Cal.App.3d 1190, 91 Cal.Rptr. 232 (Cal. 4th DCA 1970). In Wilson v. Florida Processing Company, 368 So. 2d 609 (Fla. 3d DCA 1979), the Third District Court of Appeal followed its earlier holding in Whitten, finding that a policeman could not recover from a property owner who it was claimed had negligently permitted the escape of chlorine gas from its premise…
  • Rishel v. E. Airlines, Inc., 466 So. 2d 1136 (Fla. 3d DCA 1985)
    …nd wanton misconduct, neither a fireman nor a policeman may recover from a property owner for injuries arising out of the discharge of professional duties, even though the injuries have not occurred on the premises. Wilson v. Florida Processing Co., 368 So. 2d 609 (Fla. 3d DCA 1979); Whitten. As the court stated in Whitten, 357 So. 2d at 432: [T]he sole duty owed [a policeman or fireman] by the owner or occupant of the premises is to refrain from wanton negligence or willful conduct and to warn him of any d…
  • Kilpatrick v. Sklar, 548 So. 2d 215 (Fla. 1989)
    …d Loan Ass’n, 496 So. 2d 954 (Fla. 1st DCA 1986); Rishel v. Eastern Airlines, Inc., 466 So. 2d 1136 (Fla. 3d DCA 1985); Price v. Morgan, 436 So. 2d 1116 (Fla. 5th DCA 1983), review denied, 447 So. 2d 887 (Fla.1984); Wilson v. Florida Processing Co., 368 So. 2d 609 (Fla. 3d DCA 1979); Whitten v. Miami-Dade Water and Sewer Authority, 357 So. 2d 430 (Fla. 3d DCA), cert. denied, 364 So. 2d 894 (Fla.1978); Hall v. Holton, 330 So. 2d 81 (Fla. 2d DCA 1976), cert. denied, 348 So. 2d 948 (Fla.1977); Adair v. Island Cl…

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