Dangerous Instrumentality Doctrine

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

• Bailey v. Bell-Rich Transp., LLC
  M.D. Fla.· 2020-06-23
  The court held that the plaintiff's Second Amended Complaint, specifically Count IV, constituted an improper shotgun pleading, failing to comply with federal rules and Eleventh Circuit precedent, thus preventing a preemption analysis.
• Walker v. GEICO Indem. Ins. Co. & Carlos Enrique Gill Ramirez
  Fla. 4th DCA· 2020-06-03
  In a wrongful death action arising from a fatal accident, the plaintiff appeals a summary judgment limiting the vehicle owner's liability to $100,000 under Florida's permissive user statute. The trial court determined that the owner's Allstate insurance policy, which paid $250,00
• Walker v. GEICO Indem. Ins. Co. & Carlos Enrique Gill Ramirez
  Fla. 4th DCA· 2020-06-03
  A motor vehicle owner's liability for a permissive user's negligence is capped at $100,000 per person under section 324.021(9)(b)(3) when the permissive user has combined insurance limits of $500,000 or more, and the owner's insurance policy can be counted toward calculating the
• Lambert v. Emerson
  304 So. 3d 364· Fla. 2d DCA· 2020-04-01
  The appellate court reversed a judgment against Debbie Lambert, finding she could not be held vicariously liable under the dangerous instrumentality doctrine as a bailee. While she was found to be a bailee who consented to her son's use of the car, the court determined that the d
• Lambert v. Emerson
  304 So. 3d 364· Fla. 2d DCA· 2020-04-01
  The appellate court reversed a judgment against Debbie Lambert, finding she could not be held vicariously liable under Florida's dangerous instrumentality doctrine as a bailee. The court clarified that while a bailee can be held liable, it is generally not in addition to the titl
• Ramirez-Lucas v. Hutchinson
  Fla. 4th DCA· 2019-08-14
  A vehicle owner who takes objective steps to transfer beneficial ownership—including delivering possession, keys, title, and canceling insurance—may avoid vicarious liability under the beneficial ownership exception to the dangerous instrumentality doctrine even without complying
• Jerrels v. Est. of Jasper W. Jerrels, JR.
  Fla. 2d DCA· 2019-06-12
  Parental immunity does not bar a wrongful death claim brought by a deceased child's estate against a deceased parent's estate, because the policy rationale underlying parental immunity—preservation of family harmony and family resources—disappears when both parties are deceased.
• Dayana ST Vil Lopez v. Yo Roofing & Assocs. Inc
  250 So. 3d 111· Fla. 4th DCA· 2018-06-27
  When a prospective juror expresses an inability to hold an employer vicariously liable for an employee's negligence, a challenge for cause must be granted because there exists reasonable doubt as to the juror's impartiality on the plaintiff's sole theory of liability. The trial c
• Lia Ward v. Morlock
  218 So. 3d 981· Fla. 5th DCA· 2017-05-05
  In this conflict of laws case, the Fifth District Court of Appeal held that Florida's dangerous instrumentality doctrine applies to a motor vehicle accident occurring in South Carolina where both the vehicle owner and injured plaintiff are Florida residents. The court reversed su
• Salsbury v. Griffin Rd. 345 Prop. Owner's Ass'n, Inc.
  112 So. 3d 592· Fla. 4th DCA· 2013-04-17
  The Salsburys appealed the denial of their motion to vacate a settlement agreement that inadvertently dismissed their claim against Kenneth Kapka while dismissing only the Association. The trial court erred by denying the motion without an evidentiary hearing, and the appellate c
• Rosado v. Daimlerchrysler Fin. Servs. Tr.
  112 So. 3d 1165· Fla.· 2013-04-04
  The Florida Supreme Court held that the federal Graves Amendment preempts Florida Statute § 324.021(9)(b)(1), which would impose vicarious liability on long-term vehicle lessors who fail to maintain specified insurance coverage. The Court rejected the argument that the statute co
• Allstate Prop. & Cas. Ins. Co. v. Archer
  45 So. 3d 924· Fla. 2d DCA· 2010-10-13
  The petition for writ of certiorari is dismissed as prematurely filed because the trial court's order did not yet compel the production of privileged materials or information, thus causing no irreparable harm.
• Garcia v. GEICO Gen. Ins. Co.
  712 F. Supp. 2d 1316· S.D. Fla.· 2010-05-10
  The court held that material issues of fact exist regarding whether Edgar had permission to drive the rental car or reasonably believed he had permission, thus denying summary judgment.
• Dharmi P. Shah & Space Coast Petroleum Distribs., Inc. v. Bland
  973 So. 2d 1188· Fla. 2d DCA· 2008-01-11
  Defendants appealed a $290,000 judgment for Mrs. Bland's injuries sustained as a passenger in a car driven by her husband, arguing the judgment should be reduced because Mrs. Bland, as the vehicle owner, was vicariously liable for her husband's comparative negligence. The court a
• Rocio Garcia v. City OF Hollywood
  948 So. 2d 1000· Fla. 4th DCA· 2007-02-21
  A police sergeant struck a pedestrian while driving a take-home police vehicle to work an hour before his shift began. The trial court granted summary judgment for the City, finding the officer was not acting within the scope of employment. The Fourth District Court of Appeal rev
• Rosati v. Vaillancourt
  848 So. 2d 467· Fla. 5th DCA· 2003-07-03
  Robert Rosati appeals the denial of his motion for attorney's fees and costs incurred in defending against a negligence suit arising from an accident involving a rental car. The court holds that while Rosati cannot recover the fees directly, his insurance carrier Arbella may reco
• Watson v. Browning Ferris Indus. OF Fla., Inc.
  843 So. 2d 976· Fla. 4th DCA· 2003-04-30
  Watson, a day laborer, was injured when a BFI garbage truck ran over him. The trial court granted summary judgment for the defendants, finding that BFI was the beneficial owner despite the truck being titled to BF Fla., thereby shielding BF Fla. from liability under the Dangerous
• Mass v. Bank OF Am.
  831 So. 2d 712· Fla. 3d DCA· 2002-10-30
  A lease agreement for a motor vehicle is considered a long-term lease for statutory exemption purposes if the agreement is for one year or longer, regardless of early termination penalties.
• The HERTZ Corp. v. R.I. Hosp.
  784 So. 2d 506· Fla. 5th DCA· 2001-04-12
  A car rental agency, liable under the dangerous instrumentality doctrine for injuries caused by its lessee, is entitled to indemnification from the lessee's employer if the accident occurred within the scope of employment.
• Christenson-Sullins v. Raymer
  765 So. 2d 955· Fla. 1st DCA· 2000-09-06
  Christenson-Sullins was injured in a car accident caused by an unauthorized driver of Raymer's vehicle. The trial court granted summary judgment for Raymer under the dangerous instrumentality doctrine, but the appellate court reversed, holding that factual disputes about whether
• Reliance Ins. Co. v. Wiggins
  763 So. 2d 450· Fla. 4th DCA· 2000-06-14
  Reliance Insurance Company appeals a judgment requiring it to provide coverage under a contingent lessor's policy after a repossessed vehicle was involved in a fatal accident. The court holds that the lessor regained custody of the vehicle when an independent contractor repossess
• Gonzalez v. Enter. Leasing Co.
  784 So. 2d 450· Fla. 3d DCA· 1999-11-03
• Nolan v. Gelco Corp.
  734 So. 2d 1155· Fla. 4th DCA· 1999-06-02
  A lessor is not liable under the dangerous instrumentality doctrine if the lessee maintains the minimum insurance coverage required by statute and the lessor approves that coverage.
• 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
• Lavado v. Gen. Elec. Cap. Auto Fin. Servs., Inc.
  711 So. 2d 1237· Fla. 3d DCA· 1998-05-13
  A motor vehicle lessor does not qualify for immunity under Florida Statutes section 324.021(9)(b) when the lessee obtains a single-limit bodily injury liability insurance policy instead of the statutorily required split-limit policy with minimum limits of $100,000/$300,000, even
• Amba-An v. Bernardo A. Arias-Turecious
  704 So. 2d 1093· Fla. 4th DCA· 1997-12-31
  Plaintiffs have standing to seek injunctive relief under 42 U.S.C. § 2000a, et seq., because they alleged facts sufficient to establish past and potential future violations of the statute, and the statute expressly confers a right to seek such relief.
• Penske Truck Leasing Co., LP v. Moore
  702 So. 2d 1295· Fla. 4th DCA· 1997-11-05
  Penske Truck Leasing appeals a negligence judgment in a fatal multi-vehicle accident where the jury apportioned fault at 50% to the driver who caused the collision, 35% to one of Penske's employees, and 15% to another Penske employee. The court affirmed Penske's vicarious liabili
• Worth v. Eugene Gentile Builders
  744 So. 2d 1014· Fla. 4th DCA· 1997-05-07
  A police officer conducting surveillance at a construction site fell into an unbarricaded elevator shaft and sued the general contractor. The trial court granted summary judgment for the contractor based on a "dual-status" theory that the contractor owed no duty to the officer as
• Roberts v. Auto Plan, Inc.
  632 So. 2d 642· Fla. 2d DCA· 1994-01-28
  The Roberts family sued Auto Plan, Inc. under the dangerous instrumentality doctrine after their car was struck by an uninsured van that Auto Plan had sold to the Stewarts. The trial court granted summary judgment for Auto Plan based on beneficial ownership transfer, but the appe
• Terry Smith and wife v. Thrifty Rent-A-Car Sys., Inc.
  599 So. 2d 689· Fla. 1st DCA· 1992-05-08
  The appellate court affirmed the trial court's decisions regarding child insurance and unsupervised visitation but reversed the denial of alimony and remanded for further proceedings on that issue.
• Cornell v. Merdorat Cyriaque
  592 So. 2d 1172· Fla. 4th DCA· 1992-01-15
  This case concerns whether a nonresident owner of a vehicle can be served with process in Florida if their car is involved in an accident while being driven by someone else without the owner's permission. The court held that service was proper under Florida's long-arm statute, ev
• Stupak v. Winter Park Leasing, Inc.
  589 So. 2d 396· Fla. 5th DCA· 1991-11-14
  On remand from the Florida Supreme Court, the Fifth District Court of Appeal addresses whether a car lessor can be held liable under the dangerous instrumentality doctrine when a rented vehicle is used beyond the rental agreement's expiration date. The court reverses summary judg
• AVIS Rent-A-Car Sys., Inc. v. Masil Blythe
  578 So. 2d 489· Fla. 5th DCA· 1991-04-25
  Avis Rent-A-Car appealed a non-final order denying its motions to dismiss a wrongful death case filed in Florida arising from an accident in Indiana. The court dismissed the appeal, holding that Avis failed to meet the requirements for certiorari jurisdiction because the claimed
• Norquoy v. Metcalf
  575 So. 2d 322· Fla. 4th DCA· 1991-03-06
  The court held that the trial court committed reversible error by refusing to instruct the jury on the threshold requirements of the Florida No-Fault Law and that the defense was sufficiently pled. The court also vacated the judgment against the Bank.
• Berwald v. Gen. Motors Acceptance Corp.
  570 So. 2d 1109· Fla. 5th DCA· 1990-12-06
  The court held that the statute abrogating lessor liability applies retroactively to tort claims arising after its effective date, even if the lease predates it.
• Estock v. Zivadin Krstic
  526 So. 2d 768· Fla. 3d DCA· 1988-06-14
  Patricia Estock appeals a directed verdict granted in favor of motorboat operator Zivadin Krstic after she suffered injuries from falling on his boat during an outing. The court reversed, holding that Krstic's alleged violation of Florida's statute prohibiting operation of a vess
• Am. States Ins. Co. v. Transamerica Ins. Co.
  515 So. 2d 260· Fla. 5th DCA· 1987-09-24
  Two liability insurers dispute priority and coverage amounts for bodily injuries caused by a leased vehicle operated by the lessee's employee. The court affirms the trial court's determination of the layering of insurance coverage: the lessor's insurer provides primary coverage a
• Herceg v. Hustler Magazine, Inc.
  814 F.2d 1017· 5th Cir.· 1987-04-20
  The court held that the plaintiffs failed to cross-appeal the dismissal of their other claims, and therefore, the court could not reach the merits of the First Amendment issues raised by the 'incitement' theory.
• VIC Potamkin Chevrolet, Inc. v. Junie Horne
  505 So. 2d 560· Fla. 3d DCA· 1987-04-07
  Vic Potamkin Chevrolet sold a car to a driver with a restricted license. The driver subsequently caused an accident injuring a passenger, who sued the dealer for negligent entrustment. The Third District Court of Appeal, sitting en banc, declined to extend negligent entrustment d
• Snow v. Nelson
  450 So. 2d 269· Fla. 3d DCA· 1984-05-01
  This case addresses parental liability for injuries inflicted by minor children. The court affirmed the directed verdict for the parents but certified the case to the Florida Supreme Court because it believes the existing precedent (Gissen v. Goodwill) is too restrictive and fail
• NYE v. Alphe Seymour & S. Bell Tel. & Tel. Co.
  392 So. 2d 326· Fla. 4th DCA· 1980-12-31
• Constantino Garcia v. Dwyer
  359 So. 2d 16· Fla. 2d DCA· 1978-05-26
  An insurance subrogation action where the trial court reduced total damages paid to an injured driver and passenger by the driver's comparative negligence. The appellate court affirmed liability under the dangerous instrumentality doctrine but reversed the reduction as improperly
• Stewart v. Aderholt
  347 So. 2d 1097· Fla. 2d DCA· 1977-07-15
  Nancy Stewart, age 13, was struck by a bicycle ridden by two boys (ages 8 and 12) and appeals a summary judgment dismissing her negligence claim. The court reversed, holding that disputed factual issues regarding the boys' joint control of the bicycle and the parties' comparative
• Comer v. Rodriguez
  346 So. 2d 113· Fla. 3d DCA· 1977-05-24
  The Comers appealed a summary judgment dismissing their negligence claim against Merlin, Inc. for injuries sustained when an employee of an independent contractor (Rowland Truck Equipment) was struck by a truck chassis owned by Merlin and operated by another contractor employee.
• Dudley v. Mae's Discount Fabrics
  323 So. 2d 279· Fla. 2d DCA· 1975-12-17
  Sally Dudley, as mother and next friend of her minor son injured by a flammable fabric, appealed the dismissal of her negligence and breach of warranty claims against the retailer Mae's Discount Fabrics. The court held that a plaintiff need not be in privity with a retailer to su
• Lucinda Hoover v. Gates
  229 So. 2d 909· Fla. 3d DCA· 1969-12-30
  This case concerns whether a non-resident owner of a vehicle, whose trailer attached to the vehicle protruded into the street and caused an accident, can be served with process under Florida's long-arm statute. The court held that such an owner is amenable to process for injuries
• Hertz Corp. v. Dixon
  26 Fla. Supp. 22· Duval Cty. Cir. Ct.· 1965-11-17
  Hertz Corporation sued vehicle co-owners Dixon and Gibbs for damages from an automobile collision caused by Dixon's negligence. The court held that Gibbs, as a co-owner who neither operated the vehicle, was present at the scene, nor consented to its operation, could not be held l
• Ruth S. Keller and her husband v. Fla. Power & Light Co.
  156 So. 2d 775· Fla. 3d DCA· 1963-10-08
  The court held that the owner of a vehicle is not liable under the dangerous instrumentality doctrine when the driver used the vehicle without the owner's consent or knowledge, even if the driver was an employee.
• Kaufman v. Eagle Roofing & ART Metal Works
  21 Fla. Supp. 24· Hillsborough Cty. Cir. Ct.· 1963-01-17
  The court held that the trial judge's findings of fact and legal conclusions were correct, warranting judgment for the United States.
• Wise v. W. Union Tel. Co.
  24 Fla. Supp. 63· Duval Cty. Cir. Ct.· 1962-12-15
  In this negligence action arising from a bicycle accident, the court granted Western Union's motion for summary judgment, holding that the telegraph company's employee messenger was not acting within the scope of his employment when the accident occurred during his lunch break, a