Isaacs v. Powell
Florida Court of Appeal
267 So. 2d 864 (1972)
- Written by Mary Phelan D'Isa, JD
Facts
When he was two years old, Scott Isaacs’s father took Scott to a monkey farm, where Scott was injured while feeding a chimpanzee. Scott and his father (plaintiffs) sued the monkey farm and its owner (defendants) and alleged they were strictly liable for Scott’s injuries. There was conflicting testimony on whether Scott was injured because his father lifted Scott above reasonably sufficient protective barriers to be within the chimpanzee’s reach or whether other protective measures were insufficient. The monkey farm and its owner argued that their liability should depend on whether they were negligent and breached a duty of care reasonably called for considering the nature and species of the animal involved. The trial judge agreed with the monkey farm and its owner and instructed the jury to decide whether Scott was injured through the monkey farm and its owner’s fault or through Scott’s father’s fault. The jury returned a verdict for the monkey farm and its owner, and Scott and his father appealed.
Rule of Law
Issue
Holding and Reasoning (McNulty, J.)
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