Restatement (Second) Of Torts § 390

17 Florida cases classified under this topic · sorted by citation count · see the citation graph

• Kitchen v. K-Mart Corp.
  697 So. 2d 1200· Fla.· 1997-07-17 ·cited 38×
  The Florida Supreme Court held that a seller of a firearm can be held liable to a third party injured by the purchaser under common law negligence principles when the seller sells a firearm to a purchaser known to be intoxicated. The court adopted Section 390 of the Restatement (
• Junie Horne v. VIC Potamkin Chevrolet, Inc.
  533 So. 2d 261· Fla.· 1988-09-01 ·cited 30×
  The Florida Supreme Court declined to adopt Restatement (Second) of Torts Section 390, which would impose negligent entrustment liability on automobile sellers who know the purchaser is an incompetent driver. The court held that once legal title and possession of a vehicle are tr
• 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
• Bennett v. Godfather's Pizza, Inc.
  570 So. 2d 1351· Fla. 3d DCA· 1990-11-13 ·cited 17×
  The court affirmed the dismissal of several counts of a complaint against Godfather's Pizza, holding that Florida law does not recognize a cause of action against an establishment furnishing alcohol to an adult whose intoxication causes injury, and that the employer was not liabl
• Gorday v. Faris
  523 So. 2d 1215· Fla. 1st DCA· 1988-04-07 ·cited 12×
  A young man who was intoxicated and fell asleep while driving, causing a serious accident that rendered him paraplegic, sued his friend for negligent entrustment of an automobile. The trial court granted summary judgment for the defendant based on express assumption of risk, but
• 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.
• Foster v. Arthur
  519 So. 2d 1092· Fla. 1st DCA· 1988-02-08 ·cited 8×
  Foster, who owned a loaded firearm kept in her bedroom in a home shared with Merchant (a convicted murderer and life parolee), was found liable for negligent entrustment after Merchant used the gun to permanently paralyze Arthur. The court affirmed judgment against Foster, holdin
• Pritchett v. Kimberling Cove, Inc.
  568 F.2d 570· 8th Cir.· 1977-12-07 ·cited 8×
  The court held that the marina owner (Kimberling) was liable for negligent entrustment of a motorboat to a minor employee, and that the boat supplier (Recreation) was jointly liable due to a joint enterprise with the marina owner. The court also held that the marina owner's presi
• Carlissa Churchill v. The F/V Fjord
  892 F.2d 763· 9th Cir.· 1989-12-18 ·cited 7×
  The court held that the F/V Fjord is not liable in rem because the operator of its skiff was not in lawful possession, and William McLinn is not liable under the Alaska Owner Responsibility Statute as his consent for his son's use of the skiff was not given. The court also affirm
• Joyce v. Joyce
  975 F.2d 379· 7th Cir.· 1992-09-17 ·cited 6×
  A shipowner's claim for limitation of liability under the Limitation of Shipowner's Liability Act is properly dismissed for lack of subject matter jurisdiction if the underlying claim is for negligent entrustment, as such a claim inherently involves the owner's privity or knowled
• Cantalupo v. Lewis
  47 So. 3d 896· Fla. 4th DCA· 2010-10-27 ·cited 4×
  A deceased person's estate sued the defendant for negligently entrusting or undertaking responsibilities regarding his intoxicated brother's car keys, after the brother drove while impaired and caused a fatal collision. The court affirmed summary judgment for the defendant, holdi
• Collins v. Ark. Cement Co.
  453 F.2d 512· 8th Cir.· 1972-01-03 ·cited 4×
  The court held that the evidence was sufficient to sustain a jury verdict for the plaintiff on the theory of negligent entrustment of dangerous instrumentalities (cherry bombs) by the defendant to its employee.
• Carlissa Churchill v. The F/V Fjord
  857 F.2d 571· 9th Cir.· 1988-09-14 ·cited 2×
  The court held that the F/V Fjord is not liable in rem because the operator of its skiff was not in lawful possession, and that a state statute imposing unlimited liability is preempted by federal maritime law. The court also affirmed the finding that the lack of lights was not a
• Byrd v. Gate Petroleum Co.
  845 F.2d 86· 4th Cir.· 1988-04-26 ·cited 1×
  Under Virginia law, there is no cause of action against vendors of intoxicating beverages who negligently sell liquor to patrons who cause personal injury.
• Stolinas v. Palmer
  M.D. Fla.· 2021-01-11
  The court held that the plaintiff failed to present admissible evidence showing the defendant entrusted his boat to the driver, thus granting summary judgment for the defendant.
• VIC Potamkin Chevrolet, Inc. v. Junie Horne
  505 So. 2d 560· Fla. 3d DCA· 1987-04-07
  Vic Potamkin Chevrolet sold a car to a driver with a restricted license. The driver subsequently caused an accident injuring a passenger, who sued the dealer for negligent entrustment. The Third District Court of Appeal, sitting en banc, declined to extend negligent entrustment d
• Young v. Bureau of Indian Affairs
  694 F.2d 1123· 8th Cir.· 1982-12-14
  The court held that the district court's finding that BIA representatives did not know or should not have known of the plaintiff's intoxication was not clearly erroneous, thus affirming the dismissal.