Scorza v. Martinez, 95-4146

• Citation: 683 So.2d 1115
• Decision Date: 04 December 1996
• Docket Number: No. 95-4146,95-4146
• Parties: 21 Fla. L. Weekly D2549 Gregory SCORZA, Appellant, v. Alfredo MARTINEZ and Worldwide Primates, Inc., Appellees.
• Court: Court of Appeal of Florida (US)

Page 1115

683 So.2d 1115

21 Fla. L. Weekly D2549

Gregory SCORZA, Appellant, v. Alfredo MARTINEZ and Worldwide Primates, Inc., Appellees.

No. 95-4146.

District Court of Appeal of Florida,

Fourth District.

Dec. 4, 1996.

Peter Ticktin and Robert Benenson of Peter Ticktin, P.A., Boca Raton, for appellant.

Richard A. Sherman and Rosemary B. Wilder of Law Offices of Richard A. Sherman, P.A., Fort Lauderdale, and D. Brent Davis of Ligman, Martin, and Evans, P.A., Fort Lauderdale, for Appellee-Worldwide Primates, Inc. STEVENSON, Judge.

The plaintiff below appeals a final summary judgment for the defendant in a personal injury suit for damages caused by an escaped macaque monkey. Because genuine issues of fact exist concerning the foreseeability of the injury, we reverse the summary judgment on the negligence issue; we affirm with respect to the issue of strict liability because parties other than the defendant had acquired possession and control of the monkey at the time of the injury.

Worldwide Primates, Inc. is a breeder of monkeys and other primates. When Hurricane Andrew hit South Florida in August of 1992, Worldwide's primates' cages were damaged, and a number of primates escaped. A macaque monkey was among the escapees. The monkey was captured by a Mr. Gomez and later sold to a Mr. Martinez. Gregory Scorza, the appellant and plaintiff below, purchased the monkey from Martinez for use in his business of photographing people with exotic creatures, such as snakes and large birds. Martinez told Scorza that the monkey was a capuchin monkey and "a sweetheart." Scorza purchased the monkey for $500 and took it home. Once at home, Scorza attempted to remove the monkey from its cage and was bitten.

Scorza then took the monkey to a veterinarian who informed Scorza that the monkey was actually a macaque monkey, a mildly aggressive breed known for carrying the Herpes "B" virus. The vet noticed the monkey's tattoos and notified the Florida Game and Fresh Water Fish Commission, which impounded the monkey. The Commission discovered that the monkey had escaped from Worldwide's facility, and they returned it there.

Scorza brought a lawsuit against Martinez and Worldwide, but Martinez defaulted. Worldwide answered and moved for summary judgment as to the two counts concerning them. The first count of Scorza's complaint alleged that Worldwide was negligent in leaving the monkey outside during the hurricane and in not undertaking reclamation efforts quickly enough to recapture the monkey. The second count alleged that Worldwide, as the owner of the monkey, was strictly liable for any injury caused by the animal.

Worldwide's motion for summary judgment alleged that the actions of Gomez, Martinez and Scorza were independent, intervening acts sufficient to break the chain of causation, and therefore, Worldwide's actions could not be the proximate cause of Scorza's injuries. Worldwide also argued that it was no longer the owner of the monkey due to Scorza's purchase and, therefore, was not strictly liable for the injuries the monkey inflicted upon Scorza. The trial judge presumably agreed with Worldwide's arguments because, without written comment, it ordered summary judgment in Worldwide's favor.

NEGLIGENCE

We hold that the trial court erred in granting summary judgment in favor of Worldwide on the negligence issue. The determination of whether a defendant's responsibility has been superseded by an abnormal intervening force...