HENRY B. PARK, JR., ET AL., PETITIONERS,

v.

OSCEOLA COUNTY, ETC., ET AL., RESPONDENTS; ROBERT S. KINGSLAND, TRUSTEE, PETITIONER, V. OSCEOLA COUNTY, ETC., ET AL., RESPONDENTS; BIEGO F. CALOIARO ET AL., PETITIONERS, V. OSCEOLA COUNTY, ETC., ET AL., RESPONDENTS; SIMON LOWY, TRUSTEE, PETITIONER, V. OSCEOLA COUNTY, ETC., ET AL., RESPONDENTS

Citator

Cited By

• Donner v. Arkwright-Boston Mfrs. Mut. Ins. Co., 358 So. 2d 21 (Fla. 1978)
  …argued is not applicable to dog bite cases where the action is not grounded in negligence; rather, the owner of a dog acts as a virtual insurer with regard to injuries caused by his dog. Sand v. Gold, 301 So. 2d 828 (Fla. 3d DCA 1974); cert. denied 312 So. 2d 752 (Fla.1975); Vandercar v. David, 96 So. 2d 227 (Fla. 3d DCA 1957). We agree with petitioner that the jury should not have been instructed separately on assumption of risk but should have been charged solely on the defenses expressed in Section 767.04…
• Paskel v. Higgins, 337 So. 2d 416 (Fla. 4th DCA 1976)
  …r appeals from a partial summary judgment on the issue of liability entered against him in a dog-bite case brought under the provisions of Fla. Stat., Sec. 767.04. While, on the authority of Sand v. Gold, 301 So. 2d 828 (3 DCA Fla.1974), cert. den., 312 So. 2d 752 (Fla.1975), we hold that the 6-year-old plaintiff was conclusively shown not to have “mischievously . . . provoke[d] or aggravate[d] . . . ” the dog in question, we have concluded that plaintiffs-appellees did not meet this burden, of course necessa…

Authorities Cited

• Meaders Clifton DeLOACHE v. DeLOACHE, 297 So. 2d 347 (Fla. 4th DCA 1974)
• Hinson v. Ramona H. Spitzer (formerly Ramona H. Pennock), 297 So. 2d 347 (Fla. 4th DCA 1974)