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KACZER v. MARRERO

No. 75-305.

324 So.2d 717 (1976)

Albert KACZER, Appellant, v. Evelio MARRERO, Appellee.

District Court of Appeal of Florida, Third District.

January 13, 1976.

Attorney(s) appearing for the Case

Howard L. Kuker, S.L. Gaer, Miami, for appellant.

Horton, Perse & Ginsberg, Edwin C. Ratiner, Miami, for appellee.

Before BARKDULL, C.J., and PEARSON and HAVERFIELD, JJ.

PEARSON, Judge.

The controlling question on this appeal is whether or not an insane person is responsible in a civil action for a tort of assault and battery committed while he is insane. We hold that an insane person is responsible, basing our couclusion on Jolley v. Powell, Fla.App. 1974, 299 So.2d 647.

The appellee, Evelio Marrero, was a workman in a Miami Beach hotel. While he was unsuspectingly proceeding with...

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