Gratuitous Bailment

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

• The W. Cas. & Sur. Co. v. Nat'l Union Fire Ins. Co.
  677 F.2d 789· 10th Cir.· 1982-05-14 ·cited 46×
  The court held that the relationship between the car dealer and the driver was a gratuitous bailment, not a rental, and therefore the rental exclusion clause in the dealer's insurance policy did not apply.
• Armored CAR Serv., Inc. v. First Nat'l Bank OF Miami
  114 So. 2d 431· Fla. 3d DCA· 1959-09-10 ·cited 38×
  Armored Car Service appeals a directed verdict judgment entered when the trial court concluded plaintiff failed to establish a prima facie case against First National Bank of Miami. The court reversed, holding that evidence of the bank's receipt of a misdirected money bag, failur
• The Ins. Co. OF the State OF Pa. v. The Est. OF Frank Guzman
  421 So. 2d 597· Fla. 4th DCA· 1982-10-13 ·cited 28×
  An aircraft owned by Lauderdale Air Taxi, Inc. was lost while in the custody of Cavico Aircraft Sales for repairs. The jury awarded $80,000 to Lauderdale Air Taxi based on bailment and negligence theories. The appellate court reversed and remanded for a new trial, finding multipl
• Alliance Assurance Co., Ltd. v. United States
  252 F.2d 529· 2d Cir.· 1958-02-10 ·cited 28×
  The court held that the loss of goods from government custody gives rise to a claim under the Tucker Act for breach of implied contract and under the FTCA for negligence, and that the government failed to rebut the presumption of negligence.
• Am. Enka Co. v. Wicaco Mach. Corp.
  686 F.2d 1050· 3d Cir.· 1982-08-16 ·cited 18×
  The court held that the value of lost bailed goods should be assessed at the time of demand, not the time of bailment, and that the case should be remanded for reconsideration of pre-judgment interest.
• Delaney v. Towmotor Corp.
  339 F.2d 4· 2d Cir.· 1964-12-03 ·cited 15×
  A manufacturer's strict liability extends to a defective product placed in the stream of commerce, even if not sold to the injured party.
• Green v. Wisner
  119 So. 2d 814· Fla. 2d DCA· 1960-04-22 ·cited 10×
  This case involves a tax classification dispute regarding $491,619.19 in uninvested funds held by brokers for the Wisner taxpayers. The court held that these liquid, unencumbered funds constitute Class A intangible personal property subject to the lower tax rate, rather than Clas
• Benz v. Benz
  557 So. 2d 124· Fla. 3d DCA· 1990-02-13 ·cited 8×
  A former wife appealed portions of an amended final judgment in a dissolution of marriage case regarding personal property and equitable distribution of real property. The court reversed the trial court's erasure of awards for lost personal property and the wife's contributions t
• Fireman's Fund Ins. Co. v. Dollar Sys., Inc.
  699 So. 2d 1028· Fla. 4th DCA· 1997-08-27 ·cited 4×
  Fireman's Fund Insurance Company appealed a summary judgment requiring it to defend and indemnify a car rental company in a negligent entrustment lawsuit involving a courtesy vehicle. The court held that the policy's exclusion for vehicles that were "loaned" to an insured applied
• Hearst Corp. v. Cuneo Press, Inc.
  291 F.2d 714· 7th Cir.· 1961-06-20 ·cited 4×
  The court held that the character of the bailment and whether an accord and satisfaction was reached were questions of fact for the jury, not questions of law for the court.
• Atmore Truckers Ass'n, Inc. v. Westchester Fire Ins. Co.
  218 F.2d 461· 5th Cir.· 1955-01-18 ·cited 4×
  A warehouseman who receives compensation for storing goods, even a nominal amount, is a bailee for hire and liable for ordinary negligence causing loss.
• 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
• Martin v. Bell
  368 So. 2d 600· Fla. 1st DCA· 1978-12-12 ·cited 2×
  The Florida District Court of Appeal considered whether liability insurance policies covered property damage caused by a fire resulting from negligence. The court held that ambiguous policy language should be construed in favor of coverage, reversing a summary judgment that denie
• In re Seatrade Corp. v. Kheel
  345 F.2d 785· 2d Cir.· 1965-05-17 ·cited 2×
  The court held that a stevedoring contractor cannot recover rental value for pier space used by a debtor's property post-bankruptcy without an agreement or demonstrable damages.
• Erlbacher v. Republic Homes Corp.
  263 F.2d 217· 8th Cir.· 1959-01-26 ·cited 2×
  The court held that the shipyard, as a bailee for mutual benefit, was presumed negligent for the loss of the yacht and failed to overcome that presumption, and also found active negligence.
• Irvine v. Gradoville
  221 F.2d 544· D.C. Cir.· 1955-04-14 ·cited 2×
  A letter acknowledging a debt, even if stating present inability to pay, tolls the statute of limitations if it implies a promise to pay when able.
• Nat'l Union Fire Ins. Co. v. Atl. & E. Carolina Ry. Co.
  193 F.2d 943· 4th Cir.· 1952-01-25 ·cited 2×
  The court held that the Railway was not liable as a carrier because the cotton was not delivered for immediate transportation, but rather stored as a gratuitous bailee.
• Romero v. Fields Motorcars of Fla., Inc.
  333 So. 3d 746· Fla. 5th DCA· 2022-01-06 ·cited 1×
  The court addresses whether Florida Statute section 627.736(4)(f) mandates that medical payments (med pay) coverage be extended to individuals not otherwise insured for med pay, simply because they are insured for Personal Injury Protection (PIP) coverage.
• Golden v. S. Broward Racquet & Sports Club, Inc.
  49 Fla. Supp. 35· Broward Cty. Ct.· 1979-07-11
  A member of a private racquet club sued for recovery of personal property stolen from a locker, claiming the club failed to provide adequate security. The court held the club liable despite posted disclaimers, finding it breached its duty of ordinary care owed to members who nece