WYATT v. McMULLEN

No. EE-218.

350 So.2d 1115 (1977)

Mark J. WYATT, a Minor, by His Next Friend and Parent, Albert B. Wyatt, and Albert B. Wyatt, Individually, Appellants, v. Robert McMULLEN, a Minor, Gerald McMullen, Catherine McMullen, His Parents, and Robert Henley, a Minor and Dyna Henley and Joseph H. Smith, His Parents and Custodians, Appellees.

District Court of Appeal of Florida, First District.

October 17, 1977.


Attorney(s) appearing for the Case

Robert B. Kane, Tallahassee, for appellants.

J. Eugene Kelley, Jr., of Cotton, Shivers, Gwynn & Daniel, Tallahassee, for appellees.


BOYER, Judge.

Plaintiff Albert B. Wyatt is the father of Mark J. Wyatt a 12-year-old minor who is alleged to have received injuries to his eye as a result of being shot with a BB by the 8-year-old minor defendant Robert Henley by the use of a BB gun allegedly owned by the 6-year-old minor defendant Robert McMullen. Defendants Gerald McMullen and Catherine McMullen are the parents of the minor owner of the BB gun, Robert McMullen. The defendant Dyna Henley is the mother...

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