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RODRIGUEZ v. ESQUIJAROSA

No. 80-902.

391 So.2d 334 (1980)

Leo RODRIGUEZ, Appellant, v. Manuel ESQUIJAROSA, etc., et al., Appellees.

District Court of Appeal of Florida, Third District.

December 16, 1980.

Attorney(s) appearing for the Case

Leland E. Stansell, Jr. and Douglas A. McDuff, Miami, for appellant.

William J. Williams, Alan R. Dakan, Miami, for appellees.

Before BARKDULL, BASKIN and PEARSON, DANIEL S., JJ.

PEARSON, DANIEL S., Judge.

We affirm the judgment below on a holding that the jury was warranted in finding that the act of the defendant Rodriguez in pumping a BB-gun for a seven-year-old child immediately after observing the child point the gun at another [notwithstanding that the defendant may not have been responsible for the welfare of the child and thus not vicariously responsible for the child's misuse of the...

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