WILSON G. BOTTORF, A MINOR BY AND THROUGH HIS NATURAL GUARDIAN AND FATHER, GEORGE H. BOTTORF, AND GEORGE H. BOTTORF, INDIVIDUALLY, APPELLANTS,
v.
ROBERT L. JOHNSTON, APPELLEE
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This case involves a minor injured by a defendant's gunshot after being found in the defendant's car. The appellate court reversed the summary judgment for the defendant, finding triable issues of fact regarding the defendant's right to arrest and the reasonableness of the force used.
Yes, there were triable issues of fact regarding the defendant's right to arrest the minor and the reasonableness of the force used, which should have precluded summary judgment.
“The record discloses triable issues which may not be resolved on a motion for summary judgment, including whether the facts showed a felony committed by the minor in the presence of the defendant or were such that defendant reasonably could suspect the minor of commission of a felony which actually was committed, so as to entitle the defendant as a private person to make or attempt an arrest”
This quote explains the core reasoning for reversing the summary judgment, highlighting the existence of factual disputes.
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Join FLexlaw to unlock all legal intelligenceA minor was shot by the defendant after being discovered inside the defendant's parked automobile. The plaintiffs, the minor and his father, sued for …
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In this action by a minor and his father for damages for personal injuries received by the minor when he was shot by defendant after being found in defendant’s parked automobile, plaintiffs’ motion for summary judgment was denied, summary judgment was granted to defendant, and plaintiffs appealed.
The record discloses triable issues which may not be resolved on a motion for summary judgment, including whether the facts showed a felony committed by the minor in the presence of the defendant or were such that defendant reasonably could suspect the minor of commission of a felony which actually was committed, so as to entitle the defendant as a private person to make or attempt an arrest (Dorsey v. United States, 5 Cir., 1949, 174 F.2d 899, 901; 3 Fla.Jur., Arrest, § 24) and, if so, whether the force used was authorized. See Dixon v. State, 101 Fla. 840, 132 So. 684, 688; City of Miami v. Albro, Fla.App.1960, 120 So.2d 23, 26, and authorities there cited. Therefore, the summary judgment is reversed and the cause remanded for trial.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Dixon v. State, 132 So. 684 (Fla. 1931)
- City OF Miami v. Albro, 120 So. 2d 23 (Fla. 3d DCA 1960)
- Lewis v. Harper, 120 So. 2d 23 (Fla. 2d DCA 1960)
- Dorsey v. United States, 174 F.2d 899 (5th Cir. 1949)