KILPATRICK v. SKLAR

No. 86-556.

497 So.2d 1289 (1986)

Officer John KILPATRICK, Appellant, v. Alfred SKLAR, Mrs. Alfred Sklar a/k/a Dr. Olga Ferrer and United States Fidelity and Guaranty Company, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 16, 1986.


Attorney(s) appearing for the Case

Dennis G. King, John E. Shields, Miami, for appellant.

Ponzoli & Wassenberg and Steven B. Sundook, Miami, Richard A. Sherman, Fort Lauderdale, for appellees.

Before SCHWARTZ, C.J., and HUBBART and BASKIN, JJ.


BASKIN, Judge.

After entering appellees' yard to determine why a burglar alarm was sounding, police officer John Kilpatrick was chased by four Great Danes. Fleeing from the dogs, Kilpatrick tried to vault over a wrought-iron fence, became impaled on a spike, and sustained injuries to his calf. He sued appellees for damages, predicating their liability on section 767.01, Florida Statutes (1981),1 and common law. Appellee Alfred Sklar moved...

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