Dangerous Instrumentality Doctrine

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

• Efrain Medina v. Yoder Auto Sales, Inc.
  743 So. 2d 621· Fla. 2d DCA· 1999-10-22 ·cited 16×
  The court held that issues of fact precluded summary judgment and that the trial court erred in refusing to allow a second deposition.
• AETNA Cas. & Sur. Co. v. Huntington Nat'l Bank
  587 So. 2d 483· Fla. 4th DCA· 1991-08-28 ·cited 16×
  Aetna Casualty and Surety Company, the uninsured motorist insurer of a deceased victim, appealed a judgment requiring it to pay $250,000 to resolve a cross-claim with Huntington National Bank, the lessor of the at-fault vehicle. The court affirmed, holding that Florida law, not O
• Harding v. Allen-Laux, Inc.
  559 So. 2d 107· Fla. 2d DCA· 1990-04-04 ·cited 16×
  The Hardings were injured in a collision with a forklift operated by the lessee's employee on a public highway. The court reversed summary judgment for Taylor Rental Center, holding that the forklift qualifies as a dangerous instrumentality, making the owner liable despite the le
• Padilla v. Gulf Power Co.
  401 So. 2d 1375· Fla. 1st DCA· 1981-08-13 ·cited 16×
  Padilla, an employee of an independent contractor, was injured when a forklift boom owned by Gulf Power broke under excessive weight. The trial court granted summary judgment for Gulf Power based on the independent contractor doctrine, but the appellate court reversed, holding th
• John's Pass Seafood Co. v. Weber
  369 So. 2d 616· Fla. 2d DCA· 1979-03-02 ·cited 16×
  John's Pass Seafood Company appealed the denial of its exculpatory clause defense in a negligence suit by a boat slip lessee whose vessel was damaged by fire. The court held that a commercial lessor cannot use an exculpatory agreement to escape liability for failing to comply wit
• Hunt v. Ryder Truck Rentals, Inc.
  216 So. 2d 751· Fla.· 1968-12-10 ·cited 16×
  Francis Hunt, injured while working for a newspaper, received workers' compensation from his employer and sued Ryder Truck Rentals, the lessor of the defective truck, for negligent maintenance. The Florida Supreme Court reversed summary judgment against Hunt, holding that a lesso
• Eagle Stevedores, Inc. v. Thomas
  145 So. 2d 551· Fla. 3d DCA· 1962-10-16 ·cited 16×
  Eagle Stevedores and its operator appealed a jury verdict awarding damages to a pedestrian struck by their unlicensed tow-motor in a harbor dock area. The court affirmed, holding that the dangerous instrumentality doctrine applies to motor vehicles operated on public streets rega
• Raynor v. DE LA Nuez
  574 So. 2d 1091· Fla.· 1991-01-15 ·cited 15×
  The Florida Supreme Court held that Equilease Corporation, which leased a tractor-trailer to Alexis de la Nuez, was not liable under Florida's dangerous instrumentality doctrine because the evidence clearly demonstrated that a sale of the vehicle—not a lease—had been completed be
• Wal-Mart Stores, Inc. v. Budget Rent-A-Car Sys.
  567 So. 2d 918· Fla. 1st DCA· 1990-09-04 ·cited 15×
  Wal-Mart appeals the dismissal of its contribution claim against vehicle rental companies and related parties after paying a judgment in a personal injury case. The court reverses, holding that Florida law—not Georgia law—applies to Wal-Mart's contribution claim under the dangero
• Fahey v. Raftery
  353 So. 2d 903· Fla. 4th DCA· 1977-12-28 ·cited 15×
  An employee of a valet parking service sued the owner of a car that struck him when driven by a co-worker to its parking spot. The court affirmed summary judgment, holding that the dangerous instrumentality doctrine does not apply because the car was being operated by an employee
• Allen Williams b/n/f Louise J. Smyre v. United States
  352 F.2d 477· 5th Cir.· 1965-10-05 ·cited 15×
  The court held that the United States is liable under the Federal Tort Claims Act for the negligence of Sergeant Smith, who inadvertently took military simulators home, leading to a child's injury.
• Fischer v. Alessandrini
  907 So. 2d 569· Fla. 2d DCA· 2005-07-08 ·cited 14×
  Fischer challenged the trial court's denial of his motion to limit his judgment liability in a wrongful death case arising from an automobile accident. The Second District Court of Appeal reversed, holding that Fischer, as the natural person owner who loaned his truck to a permis
• Lottie Mae Marshall and Anthony Marshall v. Gawel
  696 So. 2d 937· Fla. 2d DCA· 1997-07-09 ·cited 14×
  The Marshalls sued Kathleen Gawel for injuries from a motor vehicle accident under the dangerous instrumentality doctrine, claiming she was vicariously liable for Thomas Gawel's negligent operation of a vehicle registered in her name. The court reversed summary judgment against t
• Mann v. Pensacola Concrete Constr. Co., Inc.
  527 So. 2d 279· Fla. 1st DCA· 1988-06-16 ·cited 14×
  Union activity to preserve work customarily performed by its members is protected primary activity under the National Labor Relations Act, even if it involves refusing to install pre-fabricated materials.
• Arleen S. Rice v. Walker
  359 So. 2d 891· Fla. 3d DCA· 1978-05-30 ·cited 14×
  The court held that the complaint's allegations of product defects were insufficient to state a cause of action against the retailers without specific facts detailing the defects.
• Wendland v. Akers
  356 So. 2d 368· Fla. 4th DCA· 1978-03-14 ·cited 14×
  Janet Akers, a veterinary assistant, was injured by a dog while assisting Dr. Petschulat in drawing blood from the dog for diagnosis. The dog owners, the Wendlands, appealed a $25,000 judgment against them, arguing that as an independent contractor, the veterinarian's negligence
• Session v. State
  353 So. 2d 854· Fla. 4th DCA· 1977-11-22 ·cited 14×
  The court held that an inventory search of an impounded vehicle was pretextual and invalid when the driver was not informed of alternatives to impoundment.
• LeSUER v. LeSUER
  350 So. 2d 796· Fla. 1st DCA· 1977-09-23 ·cited 14×
  Richard Allen LeSuer was injured when Joseph LeSuer, operating a crane owned by LeSuer and his partner, negligently touched a high voltage wire with the crane's boom while loading scrap for Allen's employer. The court held that Joseph LeSuer and the crane owners are not immune fr
• Harfred Auto Imports, Inc. v. Yaxley
  343 So. 2d 79· Fla. 1st DCA· 1977-03-03 ·cited 14×
  In this appeal from a judgment holding automobile dealer Harfred liable under the dangerous instrumentality doctrine for damages caused by a collision while an independent contractor repair shop had the car in its possession for testing, the court reversed, holding that an indepe
• Reid v. Associated Eng'g OF Osceola, Inc.
  295 So. 2d 125· Fla. 4th DCA· 1974-05-17 ·cited 14×
  Marilyn Reid, injured when struck by a pickup truck in her front yard, appealed summary judgment against her. The court reversed, holding that the dangerous instrumentality doctrine applies to motor vehicles in operation regardless of whether they are on public highways or privat
• RIO v. Minton
  291 So. 2d 214· Fla. 2d DCA· 1974-02-27 ·cited 14×
  The court held that a complaint alleging a defendant supplied a chattel for the use of another whom the supplier knew or should have known was likely to use it in a manner involving unreasonable risk of harm stated a cause of action sufficient to withstand a motion to dismiss.
• Toner v. G & C Ford Co.
  249 So. 2d 703· Fla. 1st DCA· 1971-06-10 ·cited 14×
  David Toner, a passenger injured in an automobile accident, appeals a directed verdict in favor of G & C Ford Company, the vehicle's owner. The court reversed, holding that a passenger's status and the applicability of the dangerous instrumentality doctrine required jury determin
• Hammack v. Veillette
  233 So. 2d 836· Fla. 3d DCA· 1970-04-14 ·cited 14×
  This case addresses whether the contributory negligence of a husband driving a jointly-owned automobile can be imputed to his wife, who was a passenger, in her negligence claim against a third party. The court held that co-ownership creates a relationship of equal status that pre
• Brown v. Hall
  221 So. 2d 454· Fla. 2d DCA· 1969-04-18 ·cited 14×
  Brown, an employee of a service station, was injured while servicing a used truck that Hall had sold to Scott. Brown sued Hall for negligence and breach of implied warranty. The court held that while an implied warranty of fitness exists for used goods when the seller knows the b
• Broome v. Budget Rent-A-Car OF JAX, Inc.
  182 So. 2d 26· Fla. 1st DCA· 1966-01-25 ·cited 14×
  Budget Rent-A-Car rented a defective automobile with a faulty starting mechanism to a driver who struck Mrs. Broome as she exited the vehicle. The trial judge set aside the jury's verdict finding Budget liable, but the appellate court reversed, holding that the jury properly coul
• Diebel v. S.B. Trucking Co.
  262 F. Supp. 2d 1319· M.D. Fla.· 2003-04-09 ·cited 13×
  The court held that the notice of removal was procedurally defective because not all defendants consented, and this defect could not be cured after the 30-day period expired. The court also noted potential issues with diversity jurisdiction.
• Value Rent-A-Car, Inc. v. Colin Grace, Sr.
  794 So. 2d 619· Fla. 2d DCA· 2001-03-14 ·cited 13×
  An affirmative defense may serve as a basis for a motion to dismiss only if the defense appears within the four corners of the complaint; parental immunity, which requires establishing an absence of liability insurance, may not support dismissal where neither the complaint nor in
• Taylor v. Phoenix Ins. Co.
  622 So. 2d 506· Fla. 5th DCA· 1993-07-16 ·cited 13×
  The Taylors sought uninsured motorist (UM) coverage after Mrs. Taylor was shot by an occupant of an unidentified vehicle on Interstate 95. The court affirmed summary judgment for Phoenix Insurance, holding that injuries from gunfire do not arise out of the ownership, maintenance,
• SUN Chevrolet, Inc. v. Crespo
  613 So. 2d 105· Fla. 3d DCA· 1993-01-26 ·cited 13×
  Sun Chevrolet appeals a trial court's grant of summary judgment in a wrongful death case. The court reverses, holding that the dangerous instrumentality doctrine and a criminal defendant's guilty plea cannot automatically establish civil liability without resolving factual disput
• Bradley v. GUY
  438 So. 2d 854· Fla. 5th DCA· 1983-08-11 ·cited 13×
  The court held that the trial court erred in refusing to give a requested jury instruction regarding the higher standard of care imposed on boat operators by statute.
• Brigette Rabideau v. The State of Fla. & Oscar Sambrine
  391 So. 2d 283· Fla. 1st DCA· 1980-12-04 ·cited 13×
  Appellants brought a wrongful death action against the State of Florida and an employee investigator who, while driving a state vehicle after consuming alcohol at a bar, struck and killed two men. The court affirmed summary judgment for the State, holding that the employee was ac
• Allen v. Fla. Power Corp.
  253 So. 2d 401· Fla.· 1971-06-23 ·cited 13×
• Tillman Chevrolet Co. v. Ottis James Moore and Bonita P. Moore
  175 So. 2d 794· Fla. 1st DCA· 1965-05-25 ·cited 13×
  Tillman Chevrolet Company appeals a negligence judgment after a customer, Wills, stole one of its cars during a test drive and caused an accident. The court affirmed, holding that an automobile dealer remains liable under the dangerous instrumentality doctrine when it knowingly p
• THE Florida BAR v. Neiman
  816 So. 2d 587· Fla.· 2002-05-02 ·cited 12×
  The Florida Bar sought to enjoin Brian Neiman, a convicted felon without a license to practice law, from engaging in the unlicensed practice of law. The court approved the referee's findings that Neiman extensively engaged in the practice of law by holding himself out as an attor
• State v. Finelli
  780 So. 2d 31· Fla.· 2001-03-01 ·cited 12×
  The Florida Supreme Court held that a prior conviction for purposes of felony DUI does not need to be final on appeal because the requirement of three prior DUI offenses is an element of the felony charge, not merely a penalty enhancement. The decision clarifies that the meaning
• Enter. Leasing Co. v. Alley
  728 So. 2d 272· Fla. 2d DCA· 1999-02-03 ·cited 12×
  Enterprise Leasing Company appealed a wrongful death judgment recovered by the children of Lenna Peoski, who died in a car accident caused by her husband's negligent driving of a leased vehicle. The court affirmed, holding that although the deceased mother could not have sued the
• 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
• Horn v. I. B. I. Sec. Serv. OF Fla., Inc.
  317 So. 2d 444· Fla. 4th DCA· 1975-08-15 ·cited 12×
  In a wrongful death action arising from a security guard shooting a coworker with an entrusted firearm, the court reversed a jury verdict for the defendant and remanded for a new trial, holding that the trial court erred by imposing an additional burden on the plaintiff to prove
• Acevedo v. Justo L. Acosta
  296 So. 2d 526· Fla. 3d DCA· 1974-06-18 ·cited 12×
  The court addresses how Florida's comparative negligence doctrine applies to damages awarded to a child-passenger and the derivative claims of a parent-owner when the at-fault driver is the child's mother and the parent's wife. The court held that a child-passenger's damages are
• Silvio Martinez v. Hart
  270 So. 2d 438· Fla. 3d DCA· 1972-12-12 ·cited 12×
  This appeal addresses whether a vehicle owner can be held liable for injuries caused by an unauthorized driver under the dangerous instrumentality doctrine. The court held that an owner who expressly prohibits another from driving his vehicle cannot be held liable for that person
• Acosta v. Daughtry
  268 So. 2d 416· Fla. 3d DCA· 1972-09-19 ·cited 12×
  Angel Acosta, age 16, was shot in the chest by his friend Larry Daughtry, age 20, when a revolver discharged while pointed at him. The appellate court reversed the jury verdict for defendant Larry Daughtry, holding that his conduct was willful and wanton negligence that precluded
• Keller v. Eagle Army-Navy Dep't Stores, Inc.
  256 So. 2d 248· Fla. 4th DCA· 1971-11-19 ·cited 12×
  The court held that the plaintiff's complaint, though inartful, was adequate to state a cause of action for breach of warranty and that the trial court's dismissal was premature.
• Allstate Ins. Co. v. Am. Cas. Co. OF Reading
  200 So. 2d 587· Fla. 3d DCA· 1967-06-20 ·cited 12×
  Allstate Insurance Company appealed a declaratory judgment determining that its automobile liability policy was primary insurance for a tractor-trailer accident, while American Casualty Company's policy was excess insurance. The court affirmed, holding that the insurer with a pro
• The HERTZ Corp. v. Dixon
  193 So. 2d 176· Fla. 1st DCA· 1966-12-29 ·cited 12×
  A co-owner of an automobile who executes a conditional sales contract designating himself as co-buyer and holds record title is vicariously liable for damages caused by the other co-owner's negligent operation of the vehicle.
• Sands v. IVY Liquors, Inc.
  192 So. 2d 775· Fla. 3d DCA· 1966-12-13 ·cited 12×
  In this respondeat superior case, a liquor store owner was granted a directed verdict after a manager's gun discharged and injured a customer during a conversation. The appellate court reversed, holding that a jury question existed as to whether the manager was acting within the
• Nichols v. McGRAW
  152 So. 2d 486· Fla. 1st DCA· 1963-04-18 ·cited 12×
  Charles Nichols appealed a summary judgment entered in favor of Gerlach Motor Company arising from a fatal automobile accident caused by McGraw, a Gerlach employee. The court affirmed, holding that Gerlach was not liable under respondeat superior or estoppel theories because McGr
• City OF Richmond v. Atl. Co.
  273 F.2d 902· 4th Cir.· 1960-01-13 ·cited 12×
  The court held that the evidence was legally sufficient to support the jury's finding that the explosion was caused by natural gas escaping from the City's 3-inch main, and that the jury's verdict was not based on mere conjecture.
• Williams v. Smelt
  83 So. 2d 1· Fla.· 1955-10-14 ·cited 12×
  In this automobile negligence case, Williams appeals a judgment in favor of plaintiff Smelt, arguing that the complaint's alternative negligence allegations and the application of the dangerous instrumentality doctrine should have resulted in dismissal or a directed verdict. The
• John Morrell & Co. v. Royal Caribbean Cruises, Ltd.
  534 F. Supp. 2d 1345· S.D. Fla.· 2008-02-08 ·cited 11×
  The court held that Royal Caribbean did not owe a duty to warn the passenger of the obvious dangers associated with dune buggy excursions, nor did the plaintiff establish proximate cause for the alleged negligence.
• Henigson v. Davis
  305 So. 2d 86· Fla. 4th DCA· 1974-11-08 ·cited 11×
  This case addresses whether an automobile insurance policy's "non-owned automobile" clause provides coverage to the named insured (Smith) for liability arising from an accident involving a pickup truck that Smith neither owned nor operated, but had entrusted to another person. Th