Wyatt v. McMullen

6 Citing cases

  1. Nkemakolam v. St. John's Military Sch.

    Case No. 12-2132-JWL (D. Kan. Apr. 18, 2013)   Cited 1 times

    Kansas courts have held that high schools do act in loco parentis with respect to their students and therefore assume a duty to supervise them. See, e.g., Dunn v. Unified Sch. Dist. No. 367, 30 Kan. App. 2d 215, 231-32 (2002). Courts in other jurisdictions have applied Section 316 to parties acting in loco parentis. See, e.g., Gritzner v. Michael R., 611 N.W.2d 906, 921 (Wis. 2000); Wyatt v. McMullen, 350 So. 2d 1115, 1117 (Fla. Ct. App. 1977). St. John's did not address this alleged source of its duty to its students.

  2. Gilbert v. Merritt

    901 So. 2d 334 (Fla. Dist. Ct. App. 2005)   Cited 1 times

    Additionally, "[t]here is no difference, so far as common-law tort liability is concerned, between one in loco parentis and a natural parent." Wyatt v. McMullen, 350 So.2d 1115, 1116 (Fla. 1st DCA 1977). In Florida, the long-standing rule is that "a parent is not liable for the tort of his minor child because of the mere fact of paternity."

  3. Riteway Real Estate v. Bentley Ocean

    659 So. 2d 1194 (Fla. Dist. Ct. App. 1995)

    The present appeal is from an order dismissing the plaintiff/appellant's amended complaint. For present purposes the facts pled in the amended complaint are accepted as true, and the amended complaint is to be construed in the light most favorable to the plaintiff. See Hammonds v. Buckeye Cellulose Corp., 285 So.2d 7, 11 (Fla. 1973); Cook v. Sheriff of Collier County, 573 So.2d 406, 408 (Fla. 2d DCA 1991); Wyatt v. McMullen, 350 So.2d 1115, 1116 (Fla. 1st DCA 1977). Plaintiff Riteway Real Estate, Inc., is a real estate broker who cooperated with the listing broker, Real Estate Enterprises, Inc. ("REE") in the sale of a hotel on Miami Beach. The seller had given an exclusive right of sale to the listing broker.

  4. Newgard v. Johnstown Properties, S.E

    400 So. 2d 845 (Fla. Dist. Ct. App. 1981)

    In determining whether a counterclaim states a cause of action, the court must look to the four corners of the pleading. Wyatt v. McMullen, 350 So.2d 1115 (Fla. 1st DCA 1977). The pleading adequately states a cause of action if it contains a short plain statement of the ultimate facts which informs the defendant of the nature of the cause against him. Dawson v. Blue Cross Association, 293 So.2d 90 (Fla. 1st DCA 1974).

  5. Rodriguez v. Esquijarosa

    391 So. 2d 334 (Fla. Dist. Ct. App. 1980)   Cited 2 times
    Affirming a finding of liability against a defendant who pumped a BB gun for a child after witnessing the child threaten another with the gun

    22, Florida Statutes (1979)] was a negligent act committed by the defendant, rendering him directly responsible for the foreseeable harm to the minor plaintiff, Esquijarosa, who was shot and injured when the seven-year-old fired the gun cocked by the defendant. See Wyatt v. McMullen, 350 So.2d 1115 (Fla. 1st DCA 1977). Affirmed.

  6. Jimenez v. Zayre Corporation

    374 So. 2d 28 (Fla. Dist. Ct. App. 1979)

    See Secs. 790.001(5), (6), (13), Fla. Stat. (1975). This conclusion is made clear by the fact that the legislature specifically treated BB guns in Sec. 790.22, Fla. Stat. (1975); see Wyatt v. McMullen, 350 So.2d 1115, 1118 (Fla. 1st DCA 1977), but just as specifically did not include them within the terms of Secs. 790.17-.18. See State ex rel. School Board of Martin County v. Department of Education, 317 So.2d 68 (Fla. 1975).