Dangerous Instrumentality Doctrine

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

• Maule Indus., Inc. v. Watson
  201 So. 2d 631· Fla. 3d DCA· 1967-08-01 ·cited 11×
  An owner of property may not invoke the independent contractor defense to escape liability for negligence where substantial evidence establishes that the owner itself was negligent. The defense articulated in Florida Power and Light Co. v. Price does not apply when the defendant
• Martin v. Maude Story
  97 So. 2d 343· Fla. 2d DCA· 1957-10-09 ·cited 11×
  Jack Martin, a used car dealer, appealed jury verdicts awarding $17,000 to Arthur B. Story and $45,000 to his wife Maude Story for negligence arising from a collision allegedly caused by Martin's towed vehicle. The court reversed, finding the trial judge erred by directing verdic
• Jarrett Olsen v. First Team Ford, Ltd
  359 So. 3d 873· Fla. 5th DCA· 2023-04-21 ·cited 10×
  Summary judgment was improper where genuine disputes of material fact existed regarding whether the vehicle was taken as a loaner for service purposes or solely for a test drive, and whether the employee's vehicle was actually submitted for service.
• Vreeland v. Ferrer
  71 So. 3d 70· Fla.· 2011-07-08 ·cited 10×
  The Florida Supreme Court held that the dangerous instrumentality doctrine applies to aircraft owners under Florida law and that federal law (49 U.S.C. § 44112) does not preempt state vicarious liability claims for injuries to aircraft passengers. The court's narrow interpretatio
• 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
• Budget Rent-A-Car Sys., Inc. v. Bennett
  847 So. 2d 579· Fla. 3d DCA· 2003-06-18 ·cited 10×
  Budget Rent-A-Car appeals from summary judgment declaring Chapter 99-225, Florida law (limiting short-term vehicle lessor liability to $800,000) unconstitutional. The court reverses, holding that the statute satisfies the single-subject requirement and does not violate constituti
• Gen. Crane, Inc. v. Grady McNEAL and Annette McNeal
  744 So. 2d 1062· Fla. 4th DCA· 1999-09-22 ·cited 10×
  General Crane and its crane operator appealed a personal injury judgment, asserting that the operator was a 'borrowed servant' of the lessee construction company and thus protected by worker's compensation immunity. The Fourth District affirmed the judgment, holding that the oper
• Kraemer v. Gen. Motors Acceptance Corp. & Nationwide Ins. Co.
  613 So. 2d 483· Fla. 2d DCA· 1992-12-30 ·cited 10×
  GMAC, a vehicle lessor, appealed summary judgment in favor of it in a wrongful death case. The Florida Supreme Court previously held GMAC could not avoid dangerous instrumentality liability through a long-term lease transfer, but on remand, the appellate court held that GMAC qual
• Cheung v. Ryder Truck Rental, Inc.
  595 So. 2d 82· Fla. 5th DCA· 1992-01-17 ·cited 10×
  Joseph Cheung, a passenger injured when a wheel detached from a towed Toyota and crashed through his vehicle's windshield, appealed summary judgment dismissing his negligence claims against the Ryder truck driver, the Toyota's owner, and Ryder itself. The appellate court reversed
• Hiatt v. United States
  910 F.2d 737· 11th Cir.· 1990-09-04 ·cited 10×
  The court held that the FTCA allows claims for omitted beneficiaries if the government had notice, and that estate taxes are not recoverable under the Florida Wrongful Death Act. It also adjusted contribution calculations and remanded the issue of contribution from the plane owne
• Mann v. Pensacola Concrete Constr. Co., Inc.
  448 So. 2d 1132· Fla. 1st DCA· 1984-04-06 ·cited 10×
  Frank Mann, injured when a crane cable snapped while being operated by a co-employee, appeals summary judgment in favor of Pensacola Concrete Construction Company, the crane's owner. The court reversed, holding that the Smith v. Ryder doctrine providing lessor immunity does not a
• Fort Myers Airways, Inc. v. Am. States Ins. Co.
  411 So. 2d 883· Fla. 2d DCA· 1982-01-13 ·cited 10×
  Fort Myers Airways and the estate of flight instructor Donald Varboncoeur appealed a summary judgment denying insurance coverage under an aircraft liability policy. The court held that a flight instructor providing required training to the airplane owner was an agent or employee
• Racecon, Inc. v. Mead
  388 So. 2d 266· Fla. 5th DCA· 1980-08-27 ·cited 10×
  Racecon appeals a judgment requiring the lessee of a motor vehicle to provide primary liability insurance despite the lease agreement explicitly requiring the lessor to provide such coverage. The court reverses, holding that parties to a vehicle lease may contract between themsel
• Mercier v. Meade
  384 So. 2d 262· Fla. 4th DCA· 1980-06-04 ·cited 10×
  In this wrongful death case, Margaret Mercier, as personal representative of her deceased daughter's estate, appealed the dismissal of her complaint against Frank Meade II and III for the death caused by a handgun. The court rejected the argument that a handgun owner is strictly
• Jack LEE Buick, Inc. v. Bolton
  377 So. 2d 226· Fla. 1st DCA· 1979-11-16 ·cited 10×
  Jack Lee Buick, a used car dealership, appeals a summary judgment holding it liable under the dangerous instrumentality doctrine for an accident that occurred while one of its vehicles was being transported to a detailing service. The court affirms, holding that the dangerous ins
• Hartford Accident & Indem. Co. & Royal Palm Beach Colony, Inc. v. Kellman
  375 So. 2d 26· Fla. 3d DCA· 1979-09-11 ·cited 10×
  This case concerns the priority of multiple insurance policies covering different legal identities of a tortfeasor, following a judgment for injured plaintiffs.
• Wyatt v. McMULLEN
  350 So. 2d 1115· Fla. 1st DCA· 1977-10-17 ·cited 10×
  A father appealed the dismissal of a negligence complaint against his son's neighbor (Joseph H. Smith) arising from a BB gun injury to the son's eye. The court held that Smith could be liable for negligence based on his own failure to supervise and control a minor under his care,
• Mattes v. Coca Cola Bottling Co. OF Miami
  311 So. 2d 417· Fla. 4th DCA· 1974-05-24 ·cited 10×
  The court affirmed the trial court's striking of plaintiff's implied warranty claim because plaintiff failed to prove the bottle causing injury was a Coca-Cola product or that she, as a bystander, had overcome the privity requirement.
• Katz v. Harrington
  226 So. 2d 11· Fla. 3d DCA· 1969-07-22 ·cited 10×
  The plaintiff appeals from directed verdicts entered for the defendants, arguing the trial court erred in ruling he failed to establish a prima facie case of negligence.
• Whalen v. Hill
  219 So. 2d 727· Fla. 3d DCA· 1969-03-04 ·cited 10×
  The court held that the Hills were not liable as they had properly transferred title of the vehicle, but Fincher Motors, Inc. could be liable under the dangerous instrumentality doctrine for the driver's negligence.
• Town OF Radcliffe v. Carroll
  360 F.2d 321· 8th Cir.· 1966-05-17 ·cited 10×
  The court held that the trial court did not err in submitting the issues of negligence and contributory negligence to the jury, admitting evidence of custom, or applying the doctrine of res ipsa loquitur.
• Fowler v. Midstate Hauling Co.
  162 So. 2d 278· Fla. 2d DCA· 1964-03-20 ·cited 10×
  The court held that it was error to give jury instructions on sudden emergency and darting out when the driver's own actions created the perilous situation.
• Gas Serv. Co. v. Helmers (two cases)
  179 F.2d 101· 8th Cir.· 1950-01-17 ·cited 10×
  A gas company employee's failure to re-check the meter after opening a shut-off valve, which would have revealed a gas leak, constitutes negligence, and the company's own rules do not excuse this failure.
• Weber v. Marino Parking Sys., Inc.
  100 So. 3d 729· Fla. 2d DCA· 2012-11-02 ·cited 9×
  A valet parking service does not owe a duty to third parties to refrain from returning car keys to an obviously intoxicated customer.
• Onondieu Demelus v. King Motor Co. of Fort Lauderdale
  24 So. 3d 759· Fla. 4th DCA· 2009-12-30 ·cited 9×
  Onondieu Demelus appeals summary judgment granted to King Motor Company after a vehicle stolen from King Motor's premises was involved in an accident injuring Demelus. The court held that the manner of theft—breaking into a locked showroom, stealing keys from a locked office, and
• Thomas v. HERTZ Corp.
  890 So. 2d 448· Fla. 3d DCA· 2004-12-29 ·cited 9×
  This case concerns whether Hertz Corporation is vicariously liable for an accident caused by a renter who used a fraudulent identity and failed to return the vehicle. The court affirmed summary judgment for Hertz, finding the renter's actions constituted theft or conversion, whic
• Felgenhauer v. Selina Bonds
  891 So. 2d 1043· Fla. 2d DCA· 2004-09-10 ·cited 9×
  In this automobile negligence case, the Florida District Court of Appeal reversed the trial court's judgment on both direct and cross-appeals, holding that a defendant is entitled to a set-off for settlements with vicariously liable tortfeasors (without pleading it as an affirmat
• Crowell v. Clay Hyder Trucking Lines, Inc.
  700 So. 2d 120· Fla. 2d DCA· 1997-10-08 ·cited 9×
  Florida residents were injured in a hit-and-run accident in Georgia involving a truck bearing Clay Hyder's name. The trial court applied Georgia law and granted summary judgment to Clay Hyder, but this court reverses, holding that Florida law should apply to the ownership presump
• Sherrill v. Corbett Cranes Servs., Inc.
  656 So. 2d 181· Fla. 5th DCA· 1995-05-05 ·cited 9×
  Sherrill sued crane company Corbett and its affiliate Seabreeze for negligence after being struck by a swinging cement bucket during a crane operation. The defendants sought summary judgment claiming the crane operator was a borrowed servant of Sherrill's employer (Foley), making
• Edwards v. ABC Transp. Co.
  616 So. 2d 142· Fla. 5th DCA· 1993-03-26 ·cited 9×
  Appellants sued ABC Transportation Company for injuries from a negligently operated tractor-trailer, arguing the company was vicariously liable as the trailer owner under the dangerous instrumentality doctrine. The court affirmed summary judgment for the appellee, holding that tr
• Kane v. Portwood
  573 So. 2d 980· Fla. 2d DCA· 1991-01-25 ·cited 9×
  A 15-year-old passenger sued defendants for injuries from an automobile accident, but the jury applied the joint enterprise doctrine to impute the driver's negligence to her, resulting in zero recovery. The appellate court reversed, holding that the joint enterprise doctrine shou
• Mathis v. Am. Fire & Cas. Co. & Samuel McKay
  505 So. 2d 652· Fla. 2d DCA· 1987-04-15 ·cited 9×
  Plaintiff appealed a summary judgment dismissing his negligent entrustment claim against a husband who left a handgun in his wife's car, which the wife later used to shoot plaintiff. The court affirmed, holding that no entrustment occurred because there was no evidence the husban
• Scofi v. McKEON Constr. Co.
  666 F.2d 170· 5th Cir.· 1982-01-22 ·cited 9×
  The court held that Florida law does not impose an affirmative duty on an owner to take special precautions for employees of an independent contractor performing inherently dangerous work, absent the owner's direct negligence. The court also held that certain testimony was admiss
• Commercial Carrier Corp. v. S. J. G. Corp.
  409 So. 2d 50· Fla. 2d DCA· 1981-12-23 ·cited 9×
  Commercial Carrier Corporation appealed a judgment on the pleadings dismissing its negligence claims against S.J.G. Corporation, a car rental agency whose lessee left a rented car unattended with keys in the ignition, resulting in the car being stolen and negligently collided wit
• Martin v. Ritcheson
  306 So. 2d 582· Fla. 1st DCA· 1975-01-06 ·cited 9×
  The court determined that the question of whether a plaintiff is barred from a tort action by the Automobile Reparations Reform Act is initially a question for the court, not the jury, although the jury may be involved in factual determinations.
• Keller v. Eagle Army-Navy Dep't Stores, Inc.
  291 So. 2d 58· Fla. 4th DCA· 1974-03-08 ·cited 9×
  A minor burned by an exploding torch sued the retailer for breach of implied warranty and negligence. The court reversed a directed verdict for the defendant, holding that a retailer can be liable under strict liability principles for selling a defectively designed product that c
• Elmore Ivey v. Nat'l Fisheries, Inc.
  215 So. 2d 74· Fla. 3d DCA· 1968-11-05 ·cited 9×
  An employee of National Fisheries was instructed to use the company truck to make a delivery and return it the next morning. The employee stopped at a bar en route to work, became intoxicated, and allowed an unidentified third party to drive the truck, resulting in a collision wi
• Price v. Fla. Power & Light Co.
  159 So. 2d 654· Fla. 2d DCA· 1963-12-13 ·cited 9×
  Price, an employee of an independent contractor, was injured while working on an electrical distribution system owned by Florida Power and Light Company. The court reversed the dismissal of his complaint, holding that a power company cannot escape liability for injuries caused by
• Cent. Truck Lines, Inc. v. Rogers
  140 So. 2d 130· Fla. 1st DCA· 1962-04-17 ·cited 9×
  In this negligence action arising from a truck collision near a railroad crossing, the appellate court reversed a jury verdict for the defendant, finding the evidence overwhelmingly established that defendant's negligent passing maneuver—not plaintiff's prudent slowing at the cro
• Rodriguez v. Shell's City, Inc.
  141 So. 2d 590· Fla. 3d DCA· 1962-04-17 ·cited 9×
  Rodriguez appeals a summary judgment dismissing his claim against Shell's City, Inc. for injuries caused by a defective sanding device. The court affirmed, holding that Rodriguez was a bystander rather than a user of the product, and thus cannot recover on an implied warranty the
• Bowen v. Taylor-Christensen
  98 So. 3d 136· Fla. 5th DCA· 2012-08-31 ·cited 8×
  In this wrongful death case, the court held that a co-owner of a vehicle retains vicarious liability under Florida's dangerous instrumentality doctrine despite claiming he intended to gift his interest to his ex-wife. The court reversed the trial court's denial of a directed verd
• Loida Coral v. Garrard Crane Serv., Inc.
  62 So. 3d 1270· Fla. 2d DCA· 2011-06-17 ·cited 8×
  In this wrongful death case, the estate of Wilfredo Coral appeals a summary judgment for two crane service companies that claimed workers' compensation immunity. The appellate court reversed, finding unresolved factual disputes regarding whether the defendants were interrelated w
• Daimlerchrysler Ins. Co. v. Arrigo Enters., Inc.
  63 So. 3d 68· Fla. 4th DCA· 2011-05-18 ·cited 8×
  DaimlerChrysler Insurance Company, as subrogee of a vehicle lessor, appealed the dismissal of its negligence claim against the lessee's insurance broker and agents, seeking recovery for a $1 million settlement paid for an accident caused by an underinsured lessee. The court affir
• Rosado v. Daimlerchrysler Fin. Servs. Tr.
  1 So. 3d 1200· Fla. 2d DCA· 2009-02-06 ·cited 8×
  This case addresses whether the federal Graves Amendment preempts Florida's statute requiring long-term automobile lessors to maintain specified insurance coverage or face vicarious liability under the dangerous instrumentality doctrine. The court holds that the Graves Amendment
• Tocha v. Richardson
  995 So. 2d 1100· Fla. 4th DCA· 2008-11-26 ·cited 8×
  Appellant Jerome Tocha sued Dollar Thrifty Automotive Group under a vicarious liability theory after Tocha was injured in a collision involving a vehicle Dollar Thrifty had rented. The court affirmed summary judgment for Dollar Thrifty, holding that the Graves Amendment to the Fe
• Frank v. Wyatt
  869 So. 2d 763· Fla. 1st DCA· 2004-04-13 ·cited 8×
  The court held that the jury should have been allowed to consider the conversion affirmative defense, and that the trial court correctly denied a directed verdict on the issue of injury permanency.
• Arronn Peznell v. Doolan
  722 So. 2d 881· Fla. 2d DCA· 1998-11-25 ·cited 8×
  A Texas resident vehicle owner challenged a Florida court's exercise of personal jurisdiction over him in a negligence lawsuit arising from an automobile accident in Florida. The appellate court reversed the trial court's denial of the motion to dismiss, holding that the defendan
• Dooley v. Harris
  714 So. 2d 1206· Fla. 5th DCA· 1998-08-07 ·cited 8×
  Carrie Harris was not liable under the dangerous instrumentality doctrine for injuries caused when Terri Barner drove Harris's car without permission, because there was no implied consent and the theft was not reasonably foreseeable. The court affirmed summary judgment in Harris'
• Schwartz v. Metro Limo, Inc.
  683 So. 2d 201· Fla. 3d DCA· 1996-11-27 ·cited 8×
  Eric and Tina Schwartz sued Metro Taxi Cab for negligence following a rear-end accident, but later discovered the proper defendant was Metro Limo, Inc. The trial court dismissed their amended complaint as barred by the statute of limitations, but the appellate court reversed, hol
• Huie v. Wipperfurth
  632 So. 2d 1109· Fla. 5th DCA· 1994-03-04 ·cited 8×
  An employee of a kennel bit by a dog boarded for obedience training sued the dog's owner under Florida's dog-bite statute. The trial court applied an independent contractor exception to bar recovery, but the appellate court reversed, holding that section 767.04 supersedes common-