FRANK LOGAN DAUGHTRY ET AL., PETITIONERS, CROSS-RESPONDENTS,

v.

ANGEL ACOSTA, A MINOR, BY AND THROUGH HIS MOTHER AND NEXT FRIEND, GLORIA ACOSTA, AND GLORIA ACOSTA, INDIVIDUALLY, RESPONDENTS, CROSS-PETITIONERS

Citator

Cited By

• Ray Cruise & Epic Mortg. & Fin. Servs., Inc. v. Graham, 622 So. 2d 37 (Fla. 4th DCA 1993)
  …proved in part, quashed in part, 487 So. 2d 1029 (Fla.1986). Cf. Deane v. Johnston, 104 So. 2d 3 (Fla.1958) (contributory negligence is not a bar to intentional torts); Acosta v. Daughtry, 268 So. 2d 416, 419 (Fla. 3d DCA 1972) (same), cert. denied, 277 So. 2d 788 (Fla.1973); Leonard v. Nat Harrison Assocs., Inc., 122 So. 2d 432, 434 (Fla. 2d DCA 1960) (contributory negligence is not a proper defense to the intentional tort of trespass). Fraudulent misrepresentation is an intentional tort. See Rappaport v. J…
• Foster v. Arthur, 519 So. 2d 1092 (Fla. 1st DCA 1988)
  …36 (Fla.2d DCA 1986) (owner handed his gun to a guest in his home); Mercier v. Meade, 384 So. 2d 262 (Fla. 4th DCA 1980) (father delivered his gun to his son for their mutual benefit); Acosta v. Daughtry, 268 So. 2d 416 (Fla.3d DCA 1972), cert. den. 277 So. 2d 788 (Fla.1973) (father delivered his revolver to his son to restore it). Consent to use a firearm need not be expressly given, however. It may be given indirectly through the conduct of the gun owner, such as when, under certain circumstances, he provi…
• Williams v. Bumpass, 568 So. 2d 979 (Fla. 5th DCA 1990)
  …on injured has no effect on the recovery in an action brought for that injury.” 57 Fla.Jur.2d, Weapons § 11 (1985). See also Florida Southern R. Co., 30 Fla. 1, 11 So. 506 (1892); Acosta v. Daughtry, 268 So. 2d 416 (Fla. 1st DCA 1972), cert. denied, 277 So. 2d 788 (Fla.1973). As was previously stated, Williams assumed the highest duty of care when she took control of the gun. The evidence is clear and unrefuted that she acted willfully and recklessly in handing it over to Shim, who was furious, and in the hea…

Authorities Cited

• Acosta v. Daughtry, 268 So. 2d 416 (Fla. 3d DCA 1972)
• City OF Fort Walton Beach v. S. States Steel Corp., 268 So. 2d 416 (Fla. 1st DCA 1972)