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WEISBART v. FLOHR

Docket No. 897.

260 Cal.App.2d 281 (1968)

67 Cal. Rptr. 114

DAWN WEISBART, a minor, etc., Plaintiff and Appellant, v. ROBERT FLOHR et al., Defendants and Respondents.

Court of Appeals of California, Fifth District.

March 20, 1968.

Attorney(s) appearing for the Case

Anthony J. Scalora and Leonard P. Burke for Plaintiff and Appellant.

Rust & Hoffman, Rust, Hoffman & Mills, David C. Rust, Ellis J. Horvitz and B.V. Yturbide for Defendants and Respondents.

CONLEY, P.J.

This case involves a tort committed by a seven-year-old boy, Dean Flohr, against Dawn Weisbart, a five-year-old girl neighbor. The plaintiff sued the boy on two theories, alleging

1) that he was negligent, and

2) that he was guilty of a battery.

The plaintiff also sued the parents, Lorraine Flohr and Robert Flohr, on the theory that they were negligently responsible for the wrong done by their son in that they did not properly...

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