Legal Opinion · Dissent

Keenan v. Oshman Sporting Goods, Co.

District Court of Appeal of Florida

Decided November 19, 1993No. 93-875Published

1DissentDauksch, Judge

It was alleged and established that appel-lee is the seller of handguns who knowingly allowed a display case to be so defective as to allow ready access to its contents: handguns. One of the handguns stolen as a result of either employee theft or lifted from the defective showcase by an outsider, was the murder weapon which killed plaintiffs decedent. The killer also had two other of appel-lee’s stolen guns in his apartment.

The legal question involves traditional tort law. That is, did appellee breach a duty which was a proximate cause of the death of plaintiffs decedent. It seems to me all…

2Cases cited4 opinions

  1. Vining v. Avis Rent-A-Car Systems, Inc.Supreme Court of Florida · 1977
  2. City of Pinellas Park v. BrownSupreme Court of Florida · 1992
  3. Trouette v. ReynoldsDistrict Court of Appeal of Florida · 1992
  4. Reteneller v. PutnamDistrict Court of Appeal of Florida · 1991

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