CourtCases2010

The evidence is susceptible to no other conclusion

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Unformatted text preview: horized entry into Harrison's apartment. We do not believe that either the gift of the television set or the consent to enter the apartment to use the bathroom can reasonably be considered as intervening events requiring that appellant be relieved of liability as a matter of law. In order for an intervening cause to relieve the negligent party from liability, such intervening [**32] cause must be truly independent of and not set in motion by the original negligence. Anglin, supra, 502 So.2d at 898. Here, the initial entry into Harrison's apartment allowed Turner the opportunity to learn Harrison's age, sex, the physical features of her apartment, its location and proximity to other residences, and the fact that Harrison was single, lived alone, and was therefore unprotected. The evidence is susceptible to no other conclusion but that Turner had no 43 means of access to Harrison's residence other than through the indicia of authority conferred upon him as a Tallahassee Furniture employee and that the visit on New Year's Day had no legitimate purpose, personal or otherwise, but at the same time was not a chance encounter. Turner had gone to great lengths the night before to obtain the use of an unmarked Tallahassee Furniture truck in place of the large, marked van he customarily drove, presumably to avoid identification by neighbors or passersby. n5 - - - - - - - - - - - - - - - - - -Footnotes- - - - - - - - - - - - - - - - - n3 It was also established, significantly, that Turner was in the vicinity of Harrison's apartment on another occasion when he made a furniture delivery to the same apartment complex during the week preceding the New Year's Day attack. [**33] n4 Turner was wearing his brown uniform pants when arrested shortly after the attack. A bloody shirt found in his home contained fibers matching those from Harrison's clothing. The blood pattern on the shirt was consistent with being worn under another garment, open in front. Turner's brown uniform jacket, which was customarily worn on cool days, was never found by the poli...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.

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