BURTON CARTER
v.
BABY DY-DEE SERVICE, INC., A CORPORATION
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The Florida Supreme Court reversed a lower court's decision, holding that the owner of a car who loaned it to another could be liable for the death of a passenger caused by the borrower's negligent driving.
Yes, the owner of the car can be held liable under these circumstances.
“Although Willie June Wiggins was not driving the car at the time of the accident, she was in it and presumptively possessed of it as bailee.”
Establishes the legal status of the person to whom the car was loaned.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff's infant child was a passenger in a car owned by the defendant, which had been loaned to Willie June Wiggins. Claude Wiggins, driving th…
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It appears that plaintiff-appellant was the father of an infant child which infant was a passenger in an automobile which was being driven by Claude Wiggins; that Willie June Wiggins had borrowed the car from its owner, the defendantappellee, and was likewise a passenger in the car with the infant Carter; that the said Claude Wiggins drove the car onto the left hand side of the highway in front of an oncoming automobile and caused a collision resulting in the death of said infant Carter for which plaintiff-appellant brought suit against the owner of the car who had loaned it to Willie June Wiggins.
Although Willie June Wiggins was not driving the car at the time of the accident, she was in it and presumptively possessed of it as bailee. Upon holding of the case of Lynch v. Walker (decision rendered June 28, 1947) the judgment appealed is reversed.
THOMAS, C. J., BUFORD and ADAMS, JJ., concur. .
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Leonard v. Susco CAR Rental Sys. OF Fla., Inc., 103 So. 2d 243 (Fla. 3d DCA 1958)…ed that the opinion was not based upon the relationship of “principal and agent” but upon the ground that such an owner had “authorized and permitted” the use by another.7 A case which soon followed the Lynch case was Carter v. Baby Dy-Dee Service, 159 Fla. 380, 31 So. 2d 400. The Court held an owner liable for the negligent operation of his automobile where the borrower of the automobile allowed another to drive the automobile. However, the opinion did not follow to its conclusion the route of suggested r…1 / 2
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Shedrick Almon v. Enter. Leasing Co., 537 So. 2d 1046 (Fla. 1st DCA 1989)…njuries to a bailee resulting from the negligent operation of an automobile by a co-bailee to whom the vehicle was entrusted by the injured bailee. See Raydel Ltd. v. Medcalfe, 178 So. 2d 569 (Fla.1965); see also Carter v. Baby Dy-Dee Service, Inc., 159 Fla. 380, 31 So. 2d 400 (1947). This court addressed these principles in Toner v. G & C Ford Co., supra. In that case an automobile was leased by a political candidate pursuant to a rental agreement which would allow the vehicle to be used by campaign worke…