Castlewood Intern. Corp. v. Whitman, s. 76-2479

• Decision Date: 02 May 1978
• Docket Number: 76-2480,Nos. 76-2479,s. 76-2479
• Citation: 359 So.2d 5
• Parties: CASTLEWOOD INTERNATIONAL CORPORATION, Appellant, v. Charles A. WHITMAN, Jr., as Administrator of the Estate of John Michael Whitman, Deceased, Clinton Jones, Ceotis Burgess, Appellees. CASTLEWOOD INTERNATIONAL CORPORATION, Appellant, v. James W. GIROT, Clinton Jones, and Ceotis Burgess, Appellees.
• Court: Florida District Court of Appeals

Page 5

359 So.2d 5

CASTLEWOOD INTERNATIONAL CORPORATION, Appellant, v. Charles A. WHITMAN, Jr., as Administrator of the Estate of John Michael Whitman, Deceased, Clinton Jones, Ceotis Burgess, Appellees.

CASTLEWOOD INTERNATIONAL CORPORATION, Appellant, v. James W. GIROT, Clinton Jones, and Ceotis Burgess, Appellees.

Nos. 76-2479, 76-2480.

District Court of Appeal of Florida,Fourth District.

May 2, 1978.

Rehearing Denied June 21, 1978.

Marjorie D. Gadarian, of Jones, Paine & Foster, West Palm Beach, for appellant.

Joel T. Daves, III, of Burdick & Daves, West Palm Beach, for appellees James W. Girot and Charles A. Whitman, Jr., as Administrator of the Estate of John Michael Whitman, deceased.

LETTS, Judge.

This appeal stems from a jury instruction on the question of an agency relationship between the owners of a tavern and a sub, sub volunteer bouncer. We find no competent evidence of any agency relationship and reverse.

The Big Daddy's Bar in Lake Worth, held a "twenty-five cents per drink" night every Tuesday and big crowds were customary. On the Tuesday night in question, at least two hundred noisy and boisterous patrons were in attendance, although the Lake Worth Fire Chief testified that the fire regulations limited the maximum occupancy to 87 persons.

Employed at the bar was an I.D. checker and bouncer whose main duty was to watch the door. Apparently, the bouncer had become friendly with a regular patron who on occasion took over the door duty while he (the bouncer) left his station, to use the rest room, and whatever. This regular patron was not employed by the bar, nor was he paid for his relief work, he just occasionally helped out his bouncer friend.

On this particular night, the regular patron was once more asked by the bouncer to watch the back door. At that point, although much of the evidence is conflicting, it appears that a bottle of whisky was discovered to be missing and the bartender supposedly shouted to the temporary volunteer door watcher, to stop anybody from leaving. Simultaneously with this shouted instruction, one of the customers, later shot dead, was attempting to leave by the back door, (He had not stolen the whisky and in fact, it was subsequently discovered, none had been stolen.) where he was stopped by the volunteer temporary door watcher. The customer protested, as did other patrons, some shoving took place and the temporary door watcher shouted to another friend who was his buddy and fellow drinking partner, to "go get his bazooka(s)." This buddy had never volunteered for, or done any, door watching or any other duty at the bar before, but he took off for the temporary volunteer door watcher's car and emerged with two handguns. He then went berserk, ran back across the parking lot, fought off two bystanders who attempted to stop him, and while still out in the parking lot, began to fire indiscriminately. One shot hit and wounded one of the appellees, while another bullet struck and killed the other, whose exit had originally been prevented, but who, by this time, had managed to leave the tavern.

Pursuant...