MINISALL v. KRYSIAK

No. 69-360.

242 So.2d 756 (1970)

James MINISALL, by and through His Mother and Next Friend, Lynne M. Minisall and Lynne M. Minisall, Individually, Appellants, v. Marilyn KRYSIAK and Edward Krysiak, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 25, 1971.


Attorney(s) appearing for the Case

Henry L. Kaye, of Simons & Schlesinger, Hollywood, for appellants.

Harry G. Hinckley, Jr., of Fischer, Hinckley & Shores, Fort Lauderdale, for appellees.


OWEN, Judge.

Three-year old James Minisall was lawfully on the premises of an automobile service station when he was bitten by a dog owned by the defendant, who though not the owner of the premises was also lawfully thereon. The child's mother, bringing this suit on behalf of the child as his next friend, joined a claim in her own behalf for derivative damages. The appeal is from a final judgment in favor of the defendant entered upon a jury verdict.

Appellants...

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