Flick ex rel. Flick v. Malino

The lower tribunal granted summary final judgment in favor of appellees, on the ground that appellee Malino’s decedent was immune from liability by virtue of Section 767.04, Florida Statutes. We reverse and remand for further proceedings.

Plaintiff Jennifer Flick was three years old when, while on Joseph Malino’s property, she allegedly was bitten by Mr. Malino’s dog. Mr. Malino had a “WARNING BAD DOG” sign posted on his property. The Flicks filed two suits, one of which named Pat Malino individually as defendant. See Flick v. Malino, 356 So.2d 904 (Fla. 1st DCA 1978). The instant case…