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HORN v. I.B.I. SECURITY SERVICE OF FLORIDA, INC.

No. 74-1006.

317 So.2d 444 (1975)

Mary HORN, As Administratrix of the Estate of Cecil Westfall, Deceased, Appellant, v. I.B.I. SECURITY SERVICE OF FLORIDA, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 18, 1975.

Attorney(s) appearing for the Case

Robert E. O'Neil, Tripp, Niles & O'Neil, Fort Lauderdale, for appellant.

Richard A. Sherman, Wicker, Smith, Pyszka, Blomqvist & Davant, Miami, for appellee.

WALDEN, Judge.

Wrongful death action brought by Administratrix. Jury trial resulted in judgment for the defendant. Administratrix appeals. We reverse and remand for a new trial.

Erroneous jury instructions form the basis for our decision. They were:

"The issues for your determination on the claim of Cecil Westfall against IBI are: Whether IBI was negligent in the entrustment of the weapon to George David Lowe. And if you further find George David...

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