Dangerous Instrumentality Doctrine

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

• Williams v. Drucilla Ingram Hawkins
  192 So. 2d 326· Fla. 1st DCA· 1966-11-29 ·cited 4×
  The court held that the plaintiff's complaint adequately stated a cause of action for negligence arising from the defendant leaving her disabled vehicle parked on a bridge at night without lights or warning.
• City of Gainesville v. Rodgers
  377 So. 3d 626· Fla. 1st DCA· 2023-11-29 ·cited 3×
  The law-of-the-case doctrine precluded the trial court from revisiting the sovereign immunity issue after this court's prior affirmance of the order denying summary judgment on that issue. The trial court abused its discretion in denying a motion for a new trial where the jury ve
• Collins v. Auto P'rs V. LLC
  276 So. 3d 817· Fla. 4th DCA· 2019-07-31 ·cited 3×
  The Graves Amendment shielded the dealership from vicarious liability for the employee's negligent operation of the loaner vehicle because the dealership was engaged in renting vehicles and provided the vehicle to the employee in his capacity as a customer, not as an employee.
• Richbell v. Ernst Toussaint
  221 So. 3d 764· Fla. 4th DCA· 2017-06-21 ·cited 3×
  In this wrongful death action arising from a tragic multi-vehicle collision, the Fourth District affirmed the trial court's evidentiary rulings and jury instruction but reversed on the cross-appeal regarding the cap on the vehicle owner's liability under Florida's financial respo
• Vanguard Car Rental USA, Inc. v. Huchon
  532 F. Supp. 2d 1371· S.D. Fla.· 2007-09-14 ·cited 3×
  The court held that 49 U.S.C. § 30106(b) is an unconstitutional overreach of Congress' Commerce Clause power and therefore void. The court also found that Florida Statute § 324.021(9)(b) does not fall within the financial responsibility exception to the federal statute.
• Herring v. Horace Mann Ins. Co.
  795 So. 2d 209· Fla. 4th DCA· 2001-09-26 ·cited 3×
  The Fourth District Court of Appeal reversed a summary judgment denying homeowner's insurance coverage for an injury caused by a golf cart operated by the insured's son on a sidewalk. The court held that the policy language regarding coverage for "recreational motor vehicles" is
• Leal v. Adis Nunez
  775 So. 2d 974· Fla. 3d DCA· 2000-10-25 ·cited 3×
  The Leals appealed a summary judgment ruling that dismissed their personal injury claim against car owner Nunez under the dangerous instrumentality doctrine. The court reversed, holding that genuine disputes of material fact existed regarding whether the driver had the owner's co
• Clements v. Wildlife Conservation Soc'y
  750 So. 2d 715· Fla. 5th DCA· 2000-01-21 ·cited 3×
  Arthur Clements was injured when a Cuban crocodile owned by the Wildlife Conservation Society and loaned to the St. Augustine Alligator Farm attacked him while he was working. The court affirmed summary judgment for the Society, holding that the borrowed crocodile was a dangerous
• Brown v. Nat'l CAR Rental Sys., Inc.
  707 So. 2d 394· Fla. 3d DCA· 1998-03-04 ·cited 3×
  A Florida resident injured by a negligent driver sued National Car Rental for vicarious liability under Florida's dangerous instrumentality doctrine. The trial court dismissed the claim, applying Georgia law where the car was rented, but the appellate court reversed, holding that
• Am. States Ins. Co. v. Baroletti
  566 So. 2d 314· Fla. 2d DCA· 1990-08-10 ·cited 3×
  American States Insurance Company appeals a summary judgment requiring it to provide primary liability coverage for a permissive golf cart operator. The court reverses, holding that while golf carts are dangerous instrumentalities creating vicarious liability for owners, they are
• Jackson v. The HERTZ Corp.
  590 So. 2d 929· Fla. 3d DCA· 1985-02-05 ·cited 3×
  Billy Jackson sued Hertz for negligence after being injured in an accident involving a Hertz rental vehicle that was fraudulently obtained using a stolen credit card. The Florida appellate court affirmed a directed verdict for Hertz, holding that Hertz did not negligently entrust
• Devlin v. Fla. Rent-A-Car, Inc.
  454 So. 2d 787· Fla. 5th DCA· 1984-08-30 ·cited 3×
  James Devlin rented a car from Florida Rent-A-Car, allowed his passenger to drive, and was injured due to the driver's negligence. The court affirmed summary judgment for the car rental company, holding that under Florida's dangerous instrumentality doctrine, a vehicle owner is n
• Lou Joseph LaMONTE v. De Diego
  274 So. 2d 254· Fla. 2d DCA· 1973-02-16 ·cited 3×
  A wife's negligence while driving a jointly owned car is not imputed to her husband, a passenger, simply by virtue of their marital relationship or joint ownership.
• State v. Quigg
  143 Fla. 227· Fla.· 1940-05-24 ·cited 3×
  The Florida Supreme Court upheld a Miami city ordinance requiring driver's licenses for operating motor vehicles within city limits, holding that state licensing law did not impliedly repeal the city's ordinance. The Court recognized that municipalities retain authority to regula
• DRJ Atl., LLC v. Babadi
  392 So. 3d 1114· Fla. 5th DCA· 2024-09-05 ·cited 2×
  The trial court's order denying a motion for summary judgment based on statutory immunity from liability is not appealable as an interlocutory order under Rule 9.130, nor is it subject to certiorari review, because immunity from liability does not constitute irreparable harm that
• Emerson v. Lambert
  374 So. 3d 756· Fla.· 2023-11-16 ·cited 2×
  Under Florida's dangerous instrumentality doctrine, a family member who is a bailee of a vehicle cannot be held vicariously liable when the vehicle's title owner is another family member who is also vicariously liable under the doctrine. The doctrine's underlying rationale—that t
• Harris v. Sunbelt Rentals, Inc.
  Fla. 3d DCA· 2023-02-08 ·cited 2×
  This case concerns whether a plaintiff injured by a rented loader can hold the owner vicariously liable under Florida's dangerous instrumentality doctrine. The appellate court reversed the trial court's finding that the plaintiff was a "joint adventurer" with the loader operator,
• Newton v. Caterpillar Fin. Servs. Corp.
  209 So. 3d 612· Fla. 2d DCA· 2016-12-14 ·cited 2×
  Anthony Newton, injured when a tree stump dropped from a Bobcat loader onto his hand, sued the equipment's lessor (Caterpillar Financial Services) under the dangerous instrumentality doctrine. The Florida appellate court affirmed summary judgment for Caterpillar, holding that the
• Youngblood v. Rosalina Villanueva
  141 So. 3d 600· Fla. 2d DCA· 2014-05-21 ·cited 2×
  The court held that the statutory cap on owner liability for permissive users did not apply to a consignment arrangement, and that settlement amounts could not be set off against noneconomic damages.
• Adams v. Bell P'rs, Inc.
  138 So. 3d 1054· Fla. 4th DCA· 2014-04-23 ·cited 2×
  Plaintiffs injured in a car accident caused by an employee's husband driving a rental car paid for by the employer appeal summary judgment for the employer. The appellate court reversed, finding genuine issues of material fact regarding whether the employer was a bailee of the ve
• Duplantis v. Brock Specialty Servs., Ltd.
  85 So. 3d 1206· Fla. 5th DCA· 2012-04-27 ·cited 2×
  Rick Duplantis appeals from an order awarding attorney's fees against him based on his rejection of a $300,000 offer of judgment. The court reversed, holding that the offer was invalid because it failed to separately apportion liability when vicarious liability was genuinely disp
• Cont'l Fla. Materials Inc. v. Kusherman
  91 So. 3d 159· Fla. 4th DCA· 2012-04-25 ·cited 2×
  In this construction site accident case, the trial court granted summary judgment for the plaintiff flagman against the cement truck driver and subcontractor, precluding apportionment of fault to other parties. The appellate court reversed, holding that Florida's comparative faul
• 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
• Pedro v. Baber
  83 So. 3d 912· Fla. 2d DCA· 2012-03-07 ·cited 2×
  The Pedros appealed a judgment in favor of Baber in a personal injury case arising from a rear-end collision. The trial court gave a Stuart instruction holding the Pedros liable for injuries caused by arguably unnecessary back surgery performed by Baber's treating physician, and
• Trevino v. Mobley
  63 So. 3d 865· Fla. 5th DCA· 2011-06-10 ·cited 2×
  In this wrongful death appeal arising from a fatal vehicular accident, the Florida Fifth District Court of Appeal affirmed the jury's verdict against Javier Trevino for compensatory and punitive damages, but reversed the trial court's directed verdict dismissing negligent entrust
• Worthington Cmtys., Inc. v. Mejia
  28 So. 3d 79· Fla. 2d DCA· 2009-12-16 ·cited 2×
  In this construction accident case, Juan Carlos Mejia was catastrophically injured when unbraced steel joists supporting wire mesh bundles collapsed on him. The court affirmed a jury verdict holding Worthington Communities, Inc. (the owner/general contractor) liable for negligenc
• Vanguard Car Rental USA, Inc. v. Drouin
  521 F. Supp. 2d 1343· S.D. Fla.· 2007-10-05 ·cited 2×
  The court held that 49 U.S.C. § 30106(a) is an unconstitutional overreach of Congress's power under the Commerce Clause, and therefore dismissed the declaratory judgment petition.
• Cataldo v. Lazy Days R.V. Ctr., Inc.
  920 So. 2d 174· Fla. 2d DCA· 2006-02-10 ·cited 2×
  The court holds that Florida law does not impose strict liability on sellers of used motor vehicles for design defects, affirming summary judgment against the estate of a man killed by a defective retractable step mechanism. The court certifies to the Florida Supreme Court the qu
• Karan Weissberg and Marty Weissberg v. Albertson's Inc.
  886 So. 2d 305· Fla. 4th DCA· 2004-11-10 ·cited 2×
  The court held that the amended complaint adequately stated a cause of action for premises liability and should not have been dismissed with prejudice, and that the negligent entrustment claim, though lacking detail, should be allowed to be amended.
• Conklin v. Carroll
  865 So. 2d 597· Fla. 2d DCA· 2004-01-14 ·cited 2×
  The court held that genuine issues of material fact existed regarding consent under the dangerous instrumentality doctrine, precluding summary judgment, and that the trial court abused its discretion by denying leave to amend the complaint to add a negligence claim against the ow
• Walker v. Bozeman
  243 F. Supp. 2d 1298· N.D. Fla.· 2003-02-11 ·cited 2×
  The court held that Florida law does not permit setoff of settlement proceeds against non-economic damages and that attorney's fees and costs under the offer of judgment statute are recoverable against the estate but not the survivors in a wrongful death action.
• STANDARD JURY INSTRUCTIONS-CIVIL CASES (NO. 02-1)
  828 So. 2d 377· Fla.· 2002-09-12 ·cited 2×
  The Florida Supreme Court approved amendments to standard civil jury instructions, including new instruction MI 8.1 on negligently supplied false information under Restatement § 552, modifications to instruction MI 8 on misrepresentation claims, and an amended instruction 3.3a on
• Sabas Flores Morales and Justina Leone Morales v. The Coca-Cola Co.
  813 So. 2d 162· Fla. 4th DCA· 2002-03-13 ·cited 2×
  Sabas Flores Morales was injured when a goat truck registered to Coca-Cola went out of control and flipped. Under Florida's dangerous instrumentality doctrine, Coca-Cola was sued as the record title owner. The court reversed summary judgment for Coca-Cola because the company fail
• McDOWELL v. Rodriguez
  822 So. 2d 14· Fla. 5th DCA· 2002-03-01 ·cited 2×
  This case concerns indemnification under Florida's dangerous instrumentality doctrine. The court affirmed a summary judgment holding a car owner liable for indemnifying a dealership that provided a vehicle, even though the owner had issues with the car and financing was not secur
• Joao Manuel Baptista v. Enter. Leasing Co.
  707 So. 2d 397· Fla. 3d DCA· 1998-03-04 ·cited 2×
  Baptista sued Enterprise Leasing after being injured in a motorcycle accident caused by a valet parking attendant driving an Enterprise-rented vehicle. The court affirmed summary judgment for Enterprise, holding that vehicle owners are not vicariously liable for negligence of val
• Sanders v. Mid-Century Ins. Co.
  695 So. 2d 494· Fla. 1st DCA· 1997-06-12 ·cited 2×
  Mid-Century Insurance Company sought a declaratory judgment that its automobile liability policy issued to Gwendolyn Abraham provided no coverage for an accident caused by Abraham's nephew while borrowing her rental car. The First District Court of Appeal reversed, holding that A
• Cofty v. Nevins Smith, Jr.
  686 So. 2d 728· Fla. 1st DCA· 1997-01-06 ·cited 2×
  In this negligence action arising from an automobile accident, the court affirmed summary judgment for the vehicle owner based on the "shop rule" exception to the dangerous instrumentality doctrine. The owner was shielded from liability because the vehicle was in the custody of a
• ADY v. Am. Honda Fin. Corp.
  652 So. 2d 415· Fla. 2d DCA· 1995-03-10 ·cited 2×
  A lessor is exempt from liability under the dangerous instrumentality doctrine if the leased vehicle is insured to the statutory minimums, even if the lessee did not personally procure the insurance as required by the lease.
• Deturk v. Charlotte Cnty. Bd. OF Cnty. Comm'rs & Gallagher Bassett Servs.
  642 So. 2d 779· Fla. 1st DCA· 1994-09-08 ·cited 2×
  A workers' compensation claimant appeals the denial of benefits for injuries sustained when he lost consciousness while driving for work due to a preexisting cardiac condition (sick sinus syndrome). The Florida appellate court reversed, holding that operating a motor vehicle as a
• State Auto. Mut. Ins. Co. v. Ryder Truck Rental, Inc.
  627 So. 2d 1326· Fla. 3d DCA· 1993-12-14 ·cited 2×
  The court held that where a tractor policy excludes trailer coverage and the trailer policy has an excess clause but no other underlying coverage, both policies must provide primary coverage on a pro rata basis.
• Quick Cash OF Clearwater, Inc. v. State
  605 So. 2d 898· Fla. 2d DCA· 1992-08-28 ·cited 2×
  The Division of Consumer Services sought injunctions against Quick Cash pawnshops for allegedly illegal auto loan/lease transactions with effective interest rates exceeding 500%. The court held that the Division has authority under Florida Statutes § 570.544(11) to seek injunctiv
• Pensacola Concrete Constr. Co., Inc. v. Commercial Coatings of Nw. Fla., Inc.
  595 So. 2d 145· Fla. 1st DCA· 1992-02-19 ·cited 2×
  Pensacola Concrete seeks indemnity from Commercial Coatings for a judgment it paid to an injured employee after a crane accident, arguing that a subsequent supreme court decision (Halifax Paving) should not be applied retroactively to deprive it of indemnity rights that existed w
• McCLOUD v. Wright
  579 So. 2d 298· Fla. 4th DCA· 1991-05-08 ·cited 2×
  The court held that the lessee's contractual obligations do not negate the lessor's liability under the dangerous instrumentality doctrine, and the specific statute cited by the trial court was inapplicable.
• Kottmeier v. Gen. Motors Acceptance Corp.
  575 So. 2d 1293· Fla.· 1991-03-21 ·cited 2×
• Powis v. Ford Motor Credit Co. & Nancy Krug Gerken
  575 So. 2d 735· Fla. 4th DCA· 1991-02-27 ·cited 2×
  The court held that section 324.021(9) Florida Statutes (1983) does not create an exception to the dangerous instrumentality doctrine for long-term lessors.
• Adams v. Lindsey
  759 F. Supp. 795· S.D. Fla.· 1991-02-14 ·cited 2×
  The court held that it was clearly established in May 1985 that intentionally ramming a fleeing suspect's car at high speed constitutes an unreasonable seizure under the Fourth Amendment, thus denying defendants qualified immunity.
• Ernani Grilli and Giorgina Grilli v. Le-Bo Props. Corp.
  553 So. 2d 352· Fla. 2d DCA· 1989-12-06 ·cited 2×
  The appellate court reversed a summary judgment for the defendant car dealership, finding that the dangerous instrumentality doctrine could apply to a vehicle being returned after servicing by a third party.
• Herren v. White
  531 So. 2d 1021· Fla. 1st DCA· 1988-10-04 ·cited 2×
  The Herrens sued a flea market for injuries caused by an employee's negligent operation of a golf cart. The trial court granted summary judgment for the flea market, but the appellate court reversed, finding genuine disputes of material fact regarding the golf cart's ownership an
• Michalek v. Shumate
  511 So. 2d 377· Fla. 2d DCA· 1987-07-22 ·cited 2×
  Gerald Michalek appeals summary judgment dismissing his negligence claim against the Shumates, who owned a car struck by their employee while picking up the vehicle from a car cleaning service. The court affirmed, holding that the dangerous instrumentality doctrine does not apply
• Selma Smilowitz v. Russell
  458 So. 2d 406· Fla. 3d DCA· 1984-11-06 ·cited 2×
  The Florida District Court of Appeal affirmed that a vehicle owner is not liable under the dangerous instrumentality doctrine when a repair shop operator must test-drive the vehicle as a necessary prerequisite to completing repairs, even if an accident occurs during that test dri