WAGNER v. NOVA UNIVERSITY, INC.

No. 83-920.

473 So.2d 731 (1985)

Josephine C. WAGNER, As Administratrix of the Estate of Peter Alan Wagner, a Minor, and Christy Ellen Wagner, a Minor, by and through Her Mother and Next Friend, Josephine C. Wagner, Appellants, v. NOVA UNIVERSITY, INC., et al., Appellee.

District Court of Appeal of Florida, Fourth District.

June 5, 1985.


Attorney(s) appearing for the Case

Joel D. Eaton of Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow & Olin, P.A., Harry A. Gaines, P.A., Miami, and Allan M. Rubin of Rubin & Rubinchik, P.A., Hollywood, for appellants.

John P. Kelly of Fleming, O'Bryan & Fleming, Fort Lauderdale, for Appellees — Nova University and Ins. Co. of North America.

Seth Abrams, Joseph H. Lowe and Debra J. Snow of Marlow, Shofi, Orthmeyer, Smith, Connel & Valerius, Miami, for appellees — Stevens and Chicago Ins.

G. William Bissett of Preddy, Kutner & Hardy, P.A., Miami, for appellee — John Flynn.


LETTS, Judge.

In this case, the trial court entered summary judgment in favor of a residential rehabilitation center for emotionally disturbed and ungovernable children, holding that the center was not liable for the intentional torts of its residents and "owed no duty ... as a matter of law" to the plaintiffs. We reverse.

The facts are so appalling that we are immediately on guard against the maxim that hard cases make bad law. Northern Securities Co....

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