Bozarth v. Barreto, 80-89
| Decision Date | 05 May 1981 |
| Docket Number | No. 80-89,80-89 |
| Citation | 399 So.2d 370 |
| Parties | Evelyn BOZARTH and Ralph Bozarth, her husband, Appellants, v. Ronald BARRETO, and Travelers Insurance Company, Appellees. |
| Court | Florida District Court of Appeals |
Greene & Cooper and Sharon L. Wolfe, Post & Gordon, Miami, for appellants.
David L. Willing, Miami, for appellees.
Before HUBBART, C. J., and BASKIN and DANIEL S. PEARSON, JJ.
The final judgment entered in favor of the defendants Ronald Barreto and his insurer Travelers Insurance Company (upon a jury verdict rendered in their favor below in an action brought under Section 767.01, Florida Statutes (1979)) is affirmed upon a holding that the trial court correctly denied the plaintiffs Evelyn Bozarth and Ralph Bozarth's motion for a directed verdict at trial on the issue of liability. The cause was properly one for jury determination on liability as there was, in our view, sufficient evidence in the record for the jury to conclude, as it did, that the plaintiff Evelyn Bozarth's injuries were not proximately caused by any aggressive or affirmative act directed against said plaintiff by the defendant's dog, which of necessity, would also defeat the plaintiff Ralph Bozarth's derivative claim. Tiny's Liquors, Inc. v. Davis, 353 So.2d 168 (Fla. 3d DCA 1978); Smith v. Allison, 332 So.2d 631 (Fla. 3d DCA 1976).
Affirmed.
To continue reading
Request your trial
-
Parsons v. Culp
...is strictly liable for damage done to persons by his dog").A plaintiff would still need to prove causation, see Bozarth v. Barreto , 399 So. 2d 370, 370-71 (Fla. 3d DCA 1981) (affirming final judgment in favor of defendants where "there was ... sufficient evidence in the record for the jury......
-
Fannin v. Hunter
...only be sustained on appeal if there was no evidence rebutting the fact that Finley caused the incident. Cf. Bozarth v. Barreto , 399 So. 2d 370, 370 (Fla. 3d DCA 1981) (per curiam) (affirming judgment entered for defendant where there was "sufficient evidence in the record for the jury to ......