JAMES POWELL, PETITIONER,

v.

RICHARD F. JOLLEY, ADMINISTRATOR OF THE ESTATE OF KAREN ANN JOLLEY, DECEASED, RESPONDENT

Citator

Cited By

• Preferred Risk Mut. Ins. Co. v. Saboda, 489 So. 2d 768 (Fla. 5th DCA 1986)
  …cy rather than traditional tort concepts of fault — but [*771] that liability does not extend to punitive damages, nor can it be extended to any tort requiring wanton misconduct. See Jolley v. Powell, 299 So. 2d 647 (Fla. 2d DCA 1974), cert. denied, 309 So. 2d 7 (Fla.1975). The rule is set forth in 41 Am.Jur.2d, Incompetent Persons § 104 (1968), which is based on common law: An insane person is ordinarily liable for an injury caused by his tortious act, committed while he was insane, where malice or intent…
• Anicet v. Gant, 580 So. 2d 273 (Fla. 3d DCA 1991)
  …th DCA) (negligent or intentional shooting death), review denied, 501 So. 2d 1283 (Fla.1986); Kaczer v. Marrero, 324 So. 2d 717 (Fla. 3d DCA 1976) (assault and battery); Jolley v. Powell, 299 So. 2d 647 (Fla. 2d DCA 1974) (negligence), cert. denied, 309 So. 2d 7 (Fla.1975); accord Seals v. Snow, 123 Kan. 88, 254 P. 348 (1927) (shooting death); Williams v. Kearbey, 13 Kan.App.2d 564, 775 P. 2d 670 (1989) (battery); Weaver v. Ward, 80 Eng. Rep. 284 (1616); see W. Keeton, D. Dobbs, R. Keeton & D. Owen, Prosser…
• Mujica v. Turner, 582 So. 2d 24 (Fla. 3d DCA 1991)
  …for his own torts, Preferred Risk Mut. Ins. Co. v. Saboda, 489 So. 2d 768 (Fla. 5th DCA), rev. denied, 501 So. 2d 1283 (Fla.1986); Kaczer v. Marrero, 324 So. 2d 717 (Fla.3d DCA 1976); Jolley v. Powell, 299 So. 2d 647 (Fla.2d DCA 1974), cert. denied, 309 So. 2d 7 (Fla.1975), we have recently held that this rule is inapplicable when the incompetent has been institutionalized, as here, because of her mental incompetency and injures one of her caretakers while in such institution. See Anicet v. Gant, 580 So. 2d…

Authorities Cited

• Thomas v. Reubin O'D. Askew, 299 So. 2d 647 (Fla. 1st DCA 1974)