Bailee Liability

45 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Nichimen Co., Inc. v. Farland
  462 F.2d 319· 2d Cir.· 1972-05-12 ·cited 81×
  The court held that the Carriage of Goods by Sea Act (COGSA) applied, and that the defendants failed to prove freedom from negligence in the stowage of the cargo. However, the court reduced the judgment by the $500 per package limitation under COGSA.
• David Crystal, Inc. v. The Cunard Steam-Ship Co. Ltd.
  339 F.2d 295· 2d Cir.· 1964-12-09 ·cited 57×
  The court should give effect to clear exculpatory language in a contract between sophisticated parties.
• Richter Jewelry Co., Inc. v. Mrs. Clara Harrison
  147 Fla. 732· Fla.· 1941-07-15 ·cited 37×
  The circuit court lacked jurisdiction because the amount in controversy, based on good faith claims, did not exceed the $5,000 limit for inferior courts.
• Frankel v. Fleming
  69 So. 2d 887· Fla.· 1954-01-08 ·cited 35×
  In this negligence case involving a car rental, the Florida Supreme Court held that the doctrine of dangerous instrumentality applies not only to vehicle owners but also to bailees who deliver possession to third parties. The court affirmed a judgment against Frankel, the bailee
• Sunshine Dodge, Inc. v. Ingeborg M. Ketchem and Lisa Ketchem
  445 So. 2d 395· Fla. 5th DCA· 1984-02-16 ·cited 27×
  Sunshine Dodge, a car lessor, appealed a summary judgment requiring it to indemnify its lessee O'Bryan's and the lessee's permittee Davis for damages arising from a collision caused by Davis operating the leased vehicle in violation of lease terms. The Florida Fifth District Cour
• Assicurazioni Generali v. D'Amico & Harrington & Co., Inc.
  766 F.2d 485· 11th Cir.· 1985-07-23 ·cited 25×
  A bill of lading's Himalaya clause can extend liability limitations to a stevedore if it clearly expresses intent to benefit a well-defined class of persons, such as a bailee.
• Sauer v. Sauer
  128 So. 2d 761· Fla. 2d DCA· 1961-03-31 ·cited 25×
  Richard James Sauer appealed a jury verdict awarding $10,000 in punitive damages against him as a bailee of a rental automobile. The court affirmed, holding that Sauer's conduct in directing his minor sister to hit the plaintiff with the vehicle while kidnapping the plaintiff's c
• Thomas v. Doyle E. Carlton
  106 Fla. 648· Fla.· 1932-09-13 ·cited 24×
  The Florida Supreme Court addressed the liability of public bond trustees for embezzled funds held in their custody. The Court held that public officials are insurers of public moneys in their custody and are absolutely liable for funds lost through embezzlement by employees, reg
• Martin v. Lloyd Motor Co.
  119 So. 2d 413· Fla. 1st DCA· 1960-04-07 ·cited 21×
  This appeal addresses whether a bailee (Lloyd Motor Company) who has possession and control of a motor vehicle can be held liable under Florida's dangerous instrumentality doctrine for negligent operation by a third party to whom the bailee permitted temporary use. The court hold
• Allied Chem. Int'l Corp. v. Companhia de Navegacao Lloyd Brasileiro
  775 F.2d 476· 2d Cir.· 1985-10-15 ·cited 18×
  An ocean carrier is liable for misdelivery of goods when it releases cargo without requiring the presentation of the original order bill of lading, even if local custom or a 'carta declaratoria' is involved.
• Anderson v. Aamco Transmissions OF Brevard, Inc.
  265 So. 2d 5· Fla.· 1972-07-12 ·cited 18×
  The court reviewed a decision affirming a summary judgment for a garage operator, where the operator's employee, without permission, negligently drove a customer's car left for repairs and caused a fatal accident.
• State Farm Mut. Auto. Ins. Co. v. Clauson
  511 So. 2d 1085· Fla. 3d DCA· 1987-09-01 ·cited 17×
  An injured bailee cannot recover from the vehicle owner for injuries caused by the negligent operation of the vehicle by a sub-bailee.
• McHAN v. Huggins
  459 So. 2d 1172· Fla. 5th DCA· 1984-12-06 ·cited 14×
  The court held that the trial court erred in awarding attorney fees under section 57.105 because the plaintiffs' initial joinder of the defendant was not frivolous, given the information available at the time.
• Brown v. Goldberg, Rubenstein & Buckley, P.A.
  455 So. 2d 487· Fla. 2d DCA· 1984-08-10 ·cited 12×
  The appellants sought damages from a law firm and its insurer after the appellant was struck by a rental car driven by the law firm's teenage client. The trial court granted summary judgment for the defendants, but the appellate court reversed, holding that genuine issues of mate
• Peacock Motor Co. OF Marianna, Inc. v. Eubanks
  145 So. 2d 498· Fla. 1st DCA· 1962-10-04 ·cited 12×
  Eubanks sued Peacock Motor Company for damages to personal property destroyed by fire while his automobile was being repaired at defendant's garage. The court reversed the jury verdict for plaintiff, holding that the fire was an intervening cause not proximately caused by any bre
• Ming v. Interamerican CAR Rental, Inc.
  913 So. 2d 650· Fla. 5th DCA· 2005-09-02 ·cited 10×
  Patricia Ann Doyle Ming, personal representative of Robert Doyle's estate, appeals summary judgments in a wrongful death case against a rental car company and the authorized renter. The court reversed, finding material factual questions regarding whether the renter's daughter had
• Hall-Scott Motor Car Co. v. Universal Ins. Co.
  122 F.2d 531· 9th Cir.· 1941-08-20 ·cited 10×
  A maritime contract for vessel repair may validly contain a provision exculpating the repairer from liability for its own negligence, as this does not violate public policy when the parties are not acting in a public service capacity.
• Chicago Terminal Clearance, Inc. v. ST. Paul Fire & Marine Ins. Co.
  407 F.2d 552· 7th Cir.· 1969-02-14 ·cited 8×
  The court held that the insurance policy limited liability to $50,000 for goods loaded on a vehicle, even if at a terminal, and $250,000 for unloaded goods in the insured's custody.
• HERTZ Corp. & William H. Brown v. Amerisure Ins. Co.
  627 So. 2d 22· Fla. 2d DCA· 1993-10-20 ·cited 7×
  Hertz Corporation and William H. Brown appealed a summary judgment denying coverage under Brown's auto liability policy with Amerisure. The court reversed, holding that Brown's liability as a bailee under the dangerous instrumentality doctrine was covered under his policy's broad
• Ins. Co. OF N. Am. v. Elgin
  229 F.2d 705· 7th Cir.· 1956-01-11 ·cited 6×
  An insurer, as a subrogee, cannot recover from a third party if the insured party had no right of action against that third party due to contractual limitations of liability.
• KEY Biscayne Divers, Inc. v. Marine Stadium Enters., Inc.
  490 So. 2d 137· Fla. 3d DCA· 1986-06-10 ·cited 5×
  Key Biscayne Divers sought damages for a destroyed vessel stored at Marine Stadium's marina, claiming an exculpatory clause in the storage agreement was unenforceable because it relieved the bailee of liability for its own negligence and violated public policy. The court affirmed
• C-Art, Ltd. v. Hong Kong Islands Line Am., S.A.
  940 F.2d 530· 9th Cir.· 1991-08-05 ·cited 4×
  An ocean carrier is liable for misdelivery of goods when it releases them without the original, properly endorsed bill of lading, even if the consignee has title and the bill of lading was intended to be negotiable.
• Auto-Owners Ins. Co. v. Atl. Nat'l Ins. Co.
  207 So. 2d 329· Fla. 2d DCA· 1968-02-23 ·cited 4×
  Auto-Owners Insurance Company appealed from an adverse declaratory judgment ruling in a dispute with Atlantic National Insurance Company over liability coverage and contribution rights following a negligent operation accident involving vehicles insured under both policies. The co
• Jacksonville v. Mitchell
  32 Fla. 77· Fla.· 1893-06-01 ·cited 3×
  A railroad company appeals a judgment for breach of contract after losing a passenger's wife's trunk during transport. The Florida Supreme Court affirmed, holding that the husband, who made the baggage contract with the railroad, had sufficient special property interest to sue al
• Stanford v. Chagnon
  86 So. 3d 565· Fla. 2d DCA· 2012-04-25 ·cited 2×
  James Stanford appeals a summary judgment dismissing his negligence claim against Paul Chagnon under the dangerous instrumentality doctrine for injuries caused by Chagnon's stepdaughter's operation of his pickup truck. The appellate court reversed, finding genuine disputes of mat
• Supreme Int'l Corp. v. AIR SEA Shipping, Inc.
  585 So. 2d 480· Fla. 3d DCA· 1991-09-10 ·cited 2×
  A bailee's summary judgment dismissal was reversed because genuine issues of material fact existed regarding whether the bailee exercised adequate care and security measures to prevent theft of bailed goods.
• Preston v. United States
  776 F.2d 754· 7th Cir.· 1985-11-08 ·cited 2×
  The court held that the district court did not abuse its discretion in calculating damages for conversion, and that the plaintiffs' claim for loss of use of the converted grain was barred as prejudgment interest under the Federal Tort Claims Act.
• Noonan Constr. Co., Inc. v. Fed. Barge Lines, Inc.
  453 F.2d 637· 5th Cir.· 1972-01-17 ·cited 2×
  A fleeter who voluntarily assumes a duty to provide watchmen for the safekeeping of entrusted barges must perform that duty with due care, including recognizing and acting upon signs of danger.
• Belmar, Inc. v. Dixie Bldg. Maint., Inc.
  226 So. 2d 280· Fla. 3d DCA· 1969-09-09 ·cited 2×
  A master is not liable for the criminal acts of its servant unless specific exceptions apply, and the complaint failed to allege a duty owed to the plaintiff.
• S. Mill Creek Prods. Co., Inc. v. Ferrell Jewelers OF Tampa, Inc.
  194 So. 2d 690· Fla. 2d DCA· 1967-01-25 ·cited 2×
  Southern Mill Creek Products Co. appealed a summary judgment for a bailee (Ferrell Jewelers) in a bailment case involving destruction of stored goods by explosion. The court reversed, holding that a bailor's complaint against a bailee must allege negligence to state a cause of ac
• Alexander Schroeder Lumber Co. v. Minerales y Metales
  331 F.2d 135· 5th Cir.· 1964-04-20 ·cited 2×
  The court held that Schroeder's actions in unloading, re-manufacturing, and retaining the lumber constituted conversion, and the trial court's damage calculation was fair.
• Watts v. Hendry
  13 Fla. 523· Fla.· 1869-01-01 ·cited 2×
  Watts purchased 100 steers from Grenad as part of a larger herd in 1862, paid in full, and received a delivery order. When Hendry acquired the entire herd with knowledge of Watts's purchase, he notified Watts to claim the cattle by December 1862 or forfeit his rights, then exerci
• Obsessions in Time v. Jewelry Exch. Venture
  247 So. 3d 50· Fla. 3d DCA· 2018-05-09 ·cited 1×
  An exculpatory clause in a lease agreement is ambiguous and unenforceable when it simultaneously absolves the lessor of all liability for loss or damage while also imposing a duty to exercise ordinary care to prevent unauthorized access to stored items. Exculpatory clauses must b
• Israel Disc. Bank OF NEW York v. First State Depository Co., LLC
  Del. Ch.· 2013-05-29
  The Delaware Court of Chancery found the depository (FSD) liable for breach of a bailment agreement and the affiliated debtor (CAMI) liable for conversion of collateral. The court determined that the depository wrongfully released collateral without the lender's (IDB) consent, an
• Pabon v. Interamerican CAR Rental, Inc.
  715 So. 2d 1148· Fla. 3d DCA· 1998-08-26
  Marsha Pabon rented a minivan from InterAmerican Car Rental and signed an indemnity agreement. The authorized driver she rented the vehicle for negligently entrusted it to an unauthorized driver who caused a fatal accident. InterAmerican sought indemnification from Pabon under th
• Gray v. Great Am. Rec. Ass'n, Inc.
  970 F.2d 1081· 2d Cir.· 1992-07-23
  The court held that the district court erred by not submitting the issue of scope of employment to the jury for both the conversion and assault claims, and that the jury instructions regarding plaintiff Gray's absence and damages were also flawed.
• ST. Paul Fire & Marine Ins. Co. & FBA Corp. v. Gen. AIR Servs., Inc.
  513 So. 2d 1322· Fla. 3d DCA· 1987-09-29
  The court held that the bailee is responsible for damaged or missing parts of the bailed aircraft and is entitled to setoff for these items.
• Mitsui & Co. (USA) Inc. v. Hudson Tank Terminals Corp.
  790 F.2d 226· 2d Cir.· 1986-05-07
  U.C.C. § 2-722 allows a right of action for injury to goods to either the buyer or seller, but not separate recoveries for the same loss, especially when the seller has already settled with the bailee up to the contractually limited liability.
• Gruender v. E.G. Holt
  714 F.2d 45· 6th Cir.· 1983-08-12
  The court held that Cherokee Aviation exercised reasonable care in securing the aircraft and was not liable for its theft, and Aviation Unlimited was not liable for damages occurring after its possession ended.
• Hollander v. Nolan Brown Motors, Inc.
  272 So. 2d 9· Fla. 3d DCA· 1973-01-15
  A plaintiff appealed a directed verdict entered in favor of a repair shop (bailee) after the plaintiff's automobile was stolen from the shop's premises while undergoing service. The court affirmed the directed verdict because the appellant failed to provide a complete trial recor
• PaR Truck Leasing Inc. & Truck Ins. Exch. v. Bonanza Inc.
  425 F.2d 695· 10th Cir.· 1970-05-08
  The court held that the lease agreement required a higher degree of fault than ordinary negligence to impose liability on the lessee for collision damage.
• Universal Underwriters Ins. Co. v. Am. Motorists Ins. Co.
  363 F.2d 622· 9th Cir.· 1966-06-29
  The court held that the trial court's finding that the bank was the sole owner of the vehicle was supported by evidence, but the issue of whether the driver had the bank's permission to operate the vehicle was not determined and required remand.
• E. Wine Corp. v. NEW York Cent. R.R. Co.
  355 F.2d 30· 2d Cir.· 1966-01-19
  The court held that the railroad, as a carrier or warehouseman, was liable for the loss of wine due to its failure to exercise ordinary care in protecting the cargo after discovering broken seals.
• Quaker Oats Co. v. United Fruit Co.
  230 F.2d 676· 5th Cir.· 1956-03-16
  The court held that the carrier was not liable for the damage to the oats, as the relationship was governed by a delivery receipt limiting liability to that of an ordinary bailee, and the oats were stored with reasonable care under the circumstances.
• Jacobson v. Richards & Hassen Enters., Inc.
  172 F.2d 464· 2d Cir.· 1949-02-04
  The court held that the check room operator was liable for the full value of a misdelivered fur coat, as the misdelivery constituted conversion and gross negligence, and statutory limitations on liability did not apply.