Dangerous Instrumentality Doctrine

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

• 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
• Shattuck v. Mullen
  115 So. 2d 597· Fla. 2d DCA· 1959-10-30 ·cited 25×
  A pilot collided with another aircraft while landing at an uncontrolled airport in Tampa. The trial court instructed the jury on the last clear chance doctrine, but the appellate court reversed and remanded, holding that the doctrine was inapplicable because both pilots' opportun
• Leonard v. Susco CAR Rental Sys. OF Fla., Inc.
  103 So. 2d 243· Fla. 3d DCA· 1958-06-05 ·cited 25×
  A rental car company sought summary judgment to dismiss a negligence action based on a contract provision forbidding anyone but the renter from driving the car. The court reversed, holding that a car rental company's liability under Florida's dangerous instrumentality doctrine ca
• Enter. Leasing Co. S. Cent., Inc. v. Hughes
  833 So. 2d 832· Fla. 1st DCA· 2002-12-12 ·cited 24×
  Enterprise Leasing Company challenged a trial court's finding that Florida's Chapter 99-225 violated the state constitution's single subject rule and that section 324.021, which limits short-term motor vehicle lessors' liability, was unconstitutional. The appellate court reversed
• Zarco Supply Co. v. Bonnell
  658 So. 2d 151· Fla. 1st DCA· 1995-07-17 ·cited 24×
  Zarco Supply Company sought disqualification of two law firms representing plaintiffs in a personal injury action arising from a car accident. The court held that despite the former client's consent, the firms were disqualified due to the irrefutable presumption of confidential d
• Stupak v. Winter Park Leasing, Inc.
  585 So. 2d 283· Fla.· 1991-09-05 ·cited 24×
  The court held that a genuine issue of material fact existed regarding whether the lessee's continued possession of the vehicle constituted theft or conversion, precluding summary judgment for the lessor.
• William (Rocky) Seitz v. ZAC Smith & Co., Inc.
  500 So. 2d 706· Fla. 1st DCA· 1987-01-06 ·cited 24×
  William Seitz, an electrician's helper, suffered severe injuries when he fell from a defectively assembled floodlight tower that was missing a climbing peg. The court affirmed summary judgment for the defendants based on the Slavin doctrine, holding that contractors are not liabl
• Slavin v. McCann Plumbing Co.
  73 So. 2d 902· Fla.· 1954-07-09 ·cited 24×
  Slavin sought damages for injuries sustained at an apartment motel from both the motel operator and the plumbing contractor who installed the basin that caused the injury. The trial court dismissed the complaint against the plumbing contractor, and the Florida Supreme Court affir
• Toombs v. Alamo Rent-A-Car, Inc.
  833 So. 2d 109· Fla.· 2002-10-31 ·cited 23×
  The Florida Supreme Court resolved a conflict between two district courts regarding whether survivors can bring a wrongful death action against a car rental company when the decedent was a co-bailee of the rental vehicle. The Court held that because the decedent had no right of a
• Wagner v. Brandeberry
  761 So. 2d 443· Fla. 2d DCA· 2000-06-02 ·cited 23×
  Wagner sought attorney's fees under Florida's offer of judgment statute after rejecting a settlement proposal and recovering a jury verdict exceeding his offer to Brandeberry. The trial court denied fees, concluding Wagner's proposal lacked good faith. The appellate court reverse
• Lollie v. Gen. Motors Corp.
  407 So. 2d 613· Fla. 1st DCA· 1981-10-29 ·cited 23×
  In this products liability case arising from a fatal automobile accident, the appellants challenged a jury verdict finding General Motors not liable for design and manufacturing defects in a 1972 Chevrolet's fuel tank. The First District Court of Appeal affirmed, holding that aut
• Hooper Alexander, III v. Alterman Transp. Lines, Inc.
  350 So. 2d 1128· Fla. 1st DCA· 1977-10-19 ·cited 23×
  The court addresses whether an employer can be held liable for punitive damages under respondeat superior based solely on an employee's criminal acts. The court grants certiorari and remands for the plaintiff to amend his complaint with more specific allegations about the employe
• Gordon v. The Phoenix Ins. Co.
  242 So. 2d 485· Fla. 1st DCA· 1970-12-31 ·cited 23×
  Gordon appeals a declaratory judgment denying coverage under an uninsured motorist provision of his automobile insurance policy. The court held that an automobile is not "uninsured" within the meaning of the policy when the operator is covered by liability insurance, even if the
• The HERTZ Corp. v. Ralph M. Parsons Co.
  419 F.2d 783· 5th Cir.· 1969-11-20 ·cited 23×
  Hertz is entitled to indemnification for amounts exceeding the insurance policy limits, but the defense of bad faith and conflict of interest requires further consideration by the district court.
• Zenchak v. Ryder Truck Rentals, Inc.
  150 So. 2d 727· Fla. 3d DCA· 1963-03-12 ·cited 23×
  A worker injured while unloading a truck leased by his employer from Ryder Truck Rentals appeals summary judgment dismissing his negligence action. The court upheld the dismissal based on workers' compensation immunity, finding Ryder was not a third party against whom an independ
• Vargas v. Enter. Leasing Co.
  60 So. 3d 1037· Fla.· 2011-04-21 ·cited 22×
  The Florida Supreme Court held that the federal Graves Amendment preempts Florida's statute imposing vicarious liability on short-term motor vehicle lessors. The case addresses whether a state law capping vicarious liability for rental car companies conflicts with federal law tha
• Cashell v. Hart
  143 So. 2d 559· Fla. 2d DCA· 1962-07-06 ·cited 22×
  Janice Cashell and her father Edward Cashell appealed a judgment for defendants in a maritime negligence action arising from injuries sustained by the minor plaintiff while aboard a motorboat operated by other minors. The appellate court reversed, finding that the trial court err
• Barnett v. Butler
  112 So. 2d 907· Fla. 2d DCA· 1959-05-27 ·cited 22×
  The court reversed a directed verdict for the defendant property owner in a negligence action arising from a motorcycle-car collision, holding that evidence of the defendant's liability insurance was admissible to establish whether he retained ownership and responsibility for the
• Hartford Accident & Indem. Co. v. Ocha
  472 So. 2d 1338· Fla. 4th DCA· 1985-07-24 ·cited 21×
  Hartford Accident & Indemnity Company and parent Otis Parker III appeal a wrongful death judgment, claiming error in denial of a directed verdict on statutory parental liability under Florida's parental consent statute. The court affirmed the parental liability finding but revers
• Seabrook v. Taylor
  199 So. 2d 315· Fla. 4th DCA· 1967-05-04 ·cited 21×
  The court held that parents could be liable for their minor child's tortious use of a dangerous instrumentality if their negligence in making it accessible contributed to the injury.
• 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
• Fleming v. Alter
  69 So. 2d 185· Fla.· 1953-07-24 ·cited 21×
  In this negligence case, Fleming was injured when a car rented from the appellees was driven by Teri Hoffman Wellener, a woman who appeared to be the renter's wife but who was not explicitly authorized in the rental contract to operate the vehicle. The Florida Supreme Court rever
• Est. OF Reinaldo Villanueva v. Youngblood
  927 So. 2d 955· Fla. 2d DCA· 2006-03-22 ·cited 20×
  The Estate of Reinaldo Villanueva appealed a summary judgment entered in favor of vehicle owner T. Patton Youngblood in a wrongful death case arising from an automobile accident. The court reversed, holding that Youngblood remained liable under Florida's dangerous instrumentality
• Carib Ocean Shipping, Inc. v. Armas
  854 So. 2d 234· Fla. 3d DCA· 2003-09-03 ·cited 20×
  Carib Ocean Shipping appeals a jury verdict awarding damages to an injured employee who received workers' compensation benefits. The appellate court vacates and remands because the trial court abused its discretion by denying Carib's motion to amend its answer to assert the worke
• Island City Flying Serv. v. Gen. Elec. Credit Corp.
  585 So. 2d 274· Fla.· 1991-08-29 ·cited 20×
  Island City Flying Service challenges a Third District Court of Appeal decision holding it liable for negligently hiring an employee who stole an airplane owned by General Electric Credit Corporation. The Florida Supreme Court quashes the decision, finding Island City not liable
• Tribbitt v. Crown Contractors, Inc.
  513 So. 2d 1084· Fla. 1st DCA· 1987-09-24 ·cited 20×
  When control of a vehicle is voluntarily relinquished, the owner remains responsible for its misuse unless the driver's actions constitute a species of conversion or theft, thereby depriving the owner of the incidents of ownership.
• Allstate Ins. Co. v. Fowler
  455 So. 2d 506· Fla. 1st DCA· 1984-08-15 ·cited 20×
  Allstate Insurance Company appeals a summary judgment in a declaratory judgment action determining priority among three insurance policies covering a motorcycle accident. The court reverses, holding that where one insurer covers an active tortfeasor and another covers a party wit
• Patrick v. Faircloth Buick Co.
  185 So. 2d 522· Fla. 2d DCA· 1966-04-20 ·cited 20×
  The plaintiff-appellant sued the owner of an automobile under the dangerous instrumentality doctrine after being struck by a car driven by an employee of a repair shop on the repair shop's premises. The court held that the dangerous instrumentality doctrine does not apply when an
• Canada DRY Bottling Co. OF Fla., Inc. v. Shaw
  118 So. 2d 840· Fla. 2d DCA· 1960-03-02 ·cited 20×
  Canada Dry Bottling Company and Food Fair Stores appealed a jury verdict for damages against them based on implied warranty when a bottle of soda broke while the consumer was opening it. The appellate court affirmed the verdict, holding that a bottled carbonated beverage product
• Fina v. Hennarichs
  19 So. 3d 1081· Fla. 4th DCA· 2009-10-07 ·cited 19×
  A thirteen-year-old girl died after losing control of an ATV owned by the Fina family and operated by their son Nicolas. The estate sued the Finas for negligent entrustment, negligent training, and negligent supervision, and the jury found them liable. The court affirmed, holding
• Garcia Ex Rel. Estate of Garcia v. Vanguard Car Rental USA, Inc.
  510 F. Supp. 2d 821· M.D. Fla.· 2007-03-05 ·cited 19×
  The Graves Amendment preempts Florida Statute § 324.021(9)(b)(2) because it is a damages cap on vicarious liability, not a financial responsibility law, and thus is not exempt from preemption.
• Papouras v. Bellsouth Telecomms., Inc.
  940 So. 2d 479· Fla. 4th DCA· 2006-10-04 ·cited 19×
  A settlement proposal must describe a required release with sufficient particularity to eliminate any reasonable ambiguity about its scope, including specification of which claims and parties will be released.
• Laverica Burch v. SUN State Ford, Inc.
  864 So. 2d 466· Fla. 5th DCA· 2004-01-02 ·cited 19×
  In this wrongful death case, the Fifth District Court of Appeal reversed summary judgment granted to a vehicle rental company, holding that the dangerous instrumentality doctrine applies even when a vehicle operator engages in reckless or intentional misconduct, unless the operat
• Folmar v. Young
  591 So. 2d 220· Fla. 4th DCA· 1991-06-26 ·cited 19×
  The court addressed whether a long-term automobile lessor is liable under Florida's dangerous instrumentality doctrine. The court held that section 324.021(9)(b) exempts long-term lessors (leases of one year or longer with required minimum insurance) from dangerous instrumentalit
• Andrews v. Frey
  66 So. 3d 376· Fla. 5th DCA· 2011-07-29 ·cited 18×
  In this appeal, the Fifth District Court of Appeal addressed whether a proposal for settlement is valid when it conditions acceptance on releasing a non-offeror defendant. The court held that Shannon Frey's individual proposals for settlement were valid despite requiring dismissa
• Graham v. The Peter K. Yeskel 1996 Irrevocable Tr.
  928 So. 2d 371· Fla. 4th DCA· 2006-03-01 ·cited 18×
  The Fourth District Court of Appeal affirmed the trial court's denial of attorney's fees to defendants Richard and Ann Graham because their joint settlement proposal failed to comply with Florida Rule of Civil Procedure 1.442(c)(3), which requires that joint proposals apportion t
• Warren v. K Mart Corp.
  765 So. 2d 235· Fla. 1st DCA· 2000-08-01 ·cited 18×
  A minor sued K Mart for negligent entrustment after being blinded when a companion fired a pellet gun using CO2 cartridges purchased from K Mart. The court affirmed dismissal, holding that CO2 cartridges are not dangerous instrumentalities, no statute prohibits their sale to mino
• Value Rent-A-Car, Inc. v. Harbert
  720 So. 2d 552· Fla. 4th DCA· 1998-08-26 ·cited 18×
  Value Rent-A-Car appealed a trial court's denial of its motion to dismiss based on forum non conveniens in a vehicle accident case. The Fourth District reversed, holding that Georgia was a more convenient forum where the accident occurred and the injured plaintiff resided, and th
• Lewis v. Sims Crane Serv., Inc.
  498 So. 2d 573· Fla. 3d DCA· 1986-12-02 ·cited 18×
  The court held that an owner/general contractor has a duty to maintain a construction job site in a reasonably safe condition and that construction hoists are dangerous instrumentalities for which the owner/general contractor can be held liable.
• Allstate Ins. Co. OF Canada v. Value Rent-A-Car OF Fla., Inc.
  463 So. 2d 320· Fla. 5th DCA· 1985-01-03 ·cited 18×
  Allstate Insurance Company appeals a summary judgment in a dispute over insurance coverage priorities between the driver's insurer and the lessor's insurer following a motor vehicle injury claim. The court held that when a lessor fails to comply with statutory bold-type requireme
• Ferguson v. Westinghouse Elec. Corp. & Liberty Mut. Ins. Co.
  408 So. 2d 659· Fla. 3d DCA· 1981-12-29 ·cited 18×
  Beverly Ferguson was injured when an elevator in a building owned by M.G. Investments abruptly stopped, throwing her to the floor. The trial court directed a verdict for the defendants, but the appellate court reversed, holding that res ipsa loquitur doctrine applies to elevator
• Foster v. LEE
  226 So. 2d 282· Fla. 2d DCA· 1969-08-08 ·cited 18×
  A trailer is not a "dangerous instrumentality" as a matter of law, but a factual issue existed regarding whether the trailer owner's employee was acting as a servant or independent contractor.
• Necaise v. The Chrysler Corp.
  335 F.2d 562· 5th Cir.· 1964-07-28 ·cited 18×
  The court held that the trial court erred in granting a directed verdict, as the plaintiff presented sufficient evidence of negligence and causation for a jury to consider.
• Raydel, Ltd. v. Medcalfe
  162 So. 2d 910· Fla. 3d DCA· 1964-04-14 ·cited 18×
  Mrs. Medcalfe sued her employer Mrs. Soper and Raydel Ltd. for injuries sustained in an automobile accident caused by her husband's negligence. The trial court granted summary judgment on liability and awarded $90,000 in damages. The appellants challenged the judgment on multiple
• O'Donnell v. Geneva Metal Wheel Co.
  183 F.2d 733· 6th Cir.· 1950-05-25 ·cited 18×
  The court held that the trial court erred in directing a verdict, as questions of fact regarding the manufacturer's negligence and identity should have been submitted to the jury.
• Worth v. Eugene Gentile Builders
  697 So. 2d 945· Fla. 4th DCA· 1997-07-30 ·cited 17×
  A police officer injured while conducting surveillance at a construction site sued the general contractor and property owner. The trial court granted summary judgment for the contractor, treating the officer as a trespasser. The appellate court reversed, holding that Florida stat
• Ryder Truck Rental, Inc. v. Rosenberger
  699 So. 2d 713· Fla. 3d DCA· 1997-07-09 ·cited 17×
  Ryder Truck Rental appeals the denial of its motion to dismiss on forum non conveniens grounds in a negligence case arising from a truck accident in Montana. The court reverses, holding that Montana law would apply to the claim and that Florida lacks sufficient interest in the li
• Bush Leasing, Inc. v. Gallo
  634 So. 2d 737· Fla. 1st DCA· 1994-03-24 ·cited 17×
  Three consolidated appeals involving a vehicle leasing dispute arising from a 1989 automobile collision. The court affirmed that Bush Leasing was liable under the dangerous instrumentality doctrine despite a long-term lease agreement, rejected Bush's insurance compliance defense
• 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.
• Rippy v. Shepard
  80 So. 3d 305· Fla.· 2012-01-19 ·cited 16×
  The Florida Supreme Court holds that a farm tractor is a dangerous instrumentality as a matter of law, establishing vicarious liability for owners who entrust farm tractors to others whose negligent operation causes injury. The decision overturns the First District Court of Appea