SHEARSON LEHMAN BROTHERS, INC., AND SHEARSON LEHMAN BROTHERS, INC., (PUERTO RICO), APPELLANTS,

v.

FRANCISCO PUJOL, APPELLEE

Citator

Cited By (15 total)

• Boynton v. Milton Burglass, M.D., 590 So. 2d 446 (Fla. 3d DCA 1991)
  …ing alcoholic beverages to individual who then injures another); Paddock v. Chacko, 522 So. 2d 410 (Fla. 5th DCA 1988) (psychiatrist had no duty to forcibly detain patient who later attempted to commit suicide); Vic Potamkin Chevrolet, Inc. v. Home, 505 So. 2d 560 (Fla. 3d DCA 1987) (automobile dealer not liable for buyer’s negligent driving once ownership of automobile transferred to buyer), approved, 533 So. 2d 261 (Fla.1988). When the duty sought to be imposed is dependent upon standards of the psychiatric…
• Aguila v. Hilton, Inc., 878 So. 2d 392 (Fla. 1st DCA 2004)
  …ird party may arise if the defendant is in actual or constructive control of: (1) the instrumentality of the harm; (2) the premises upon which the tort is committed; or (3) the person who committed the tort. See Vic Potamkin Chevrolet, Inc. v. Home, 505 So. 2d 560, 562 (Fla. 3d DCA 1987); Daly v. Denny’s, Inc., 694 So. 2d 775, 777 (Fla. 4th DCA 1997). We can easily eliminate these exceptions. The injury did not occur on the premises, and the defendants did not control the instrumentality (the truck) that caus…
• Jackson Hewitt, Inc. v. Kaman, 100 So. 3d 19 (Fla. 2d DCA 2011)
  …s in actual or constructive control of: 1. the instrumentality; 2. the premises on which the tort was committed; or 3. the tort-feasor. Daly v. Denny’s, Inc., 694 So. 2d 775, 777 (Fla. 4th DCA 1997) (citing Vic Potamkin Chevrolet, Inc. v. Horne, 505 So. 2d 560, 562 (Fla. 3d DCA 1987) (en banc), approved, 533 So. 2d 261 (Fla.1988)). The second category of exceptions has generally been applied in negligence actions involving claims for personal injury or death rather than, as in this case, a claim for an ec…

Authorities Cited

• French v. Merrill Lynch, 784 F.2d 902 (9th Cir. 1986)
• Northrop Corp. v. Triad Int'l Mktg. S.A., 811 F.2d 1265 (9th Cir. 1987)