CIGARETTE RACING TEAM, INC., APPELLANT,
v.
SONNY GANDEE AND GANDEE & ASSOCIATES, INC., APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Cigarette Racing Team appeals a directed verdict in favor of boat dealer Gandee in a negligence action arising from a boating accident in navigable waters. The court affirmed, holding that under maritime law, the passive tortfeasor (Gandee) is entitled to total indemnification from the actively negligent party (Cigarette).
The court affirmed the directed verdict for Gandee, holding that under federal maritime law, Gandee as a passive tortfeasor is entitled to total indemnification from Cigarette as the actively negligent party. Florida's boating statute does not apply because the accident occurred in navigable waters where federal maritime law controls.
[1] Federal maritime law governs accidents occurring on navigable waters.
[2] Under maritime law, a passive tortfeasor is entitled to total indemnity from an actively negligent party.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the accident occurred in navigable waters and, therefore, federal maritime law controls”
Establishes that maritime law, not state law, governs the dispute
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceGandee purchased a power boat from Cigarette and returned it for engine replacement. While the boat was being test-driven by Cigarette's employee Garc…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Active Tortfeasor cases and more on FLexlaw
NESBITT, Judge.
The defendant, Gandee, a boat dealer, purchased a power boat from Cigarette Racing Team, Inc. (Cigarette). One week later, he returned the boat to the manufacturer for replacement of one engine. While in Cigarette’s repair yard, Gandee became engaged in conversation with the plaintiff, Mullins, who was perusing the plant as a prospective customer. At that point, Cigarette’s employee, Garcia, completed his repairs on Gandee’s boat and announced that he was going to take it for a test run. Gandee and Mullins accompanied Garcia on this trip. With Garcia at the wheel, the boat proceeded southward into the inter-coastal waterway. Soon after the boat passed under the bridge at the 163rd Street Causeway, the boat crossed over the wake of a charter fishing boat traveling south. The boat became airborne, throwing Mullins from it and causing him severe facial injuries.
Mullins instituted an action against Gan-dee and a separate action against Cigarette and its employee, Garcia, for their negligent operation of the boat. The cases were consolidated for trial. Gandee and Cigarette asserted third party claims against each other for: (a) indemnification; and (b) contribution. Mullins was granted a directed verdict against all the defendants; and Gandee was granted a directed verdict on its third party claim against Cigarette. Cigarette then settled with the plaintiff, but filed the instant appeal challenging the directed verdict in favor of Gandee.
We commence our analysis by observing that the accident occurred in navigable waters and, therefore, federal maritime law controls. Tri-State Oil Tool Industries, Inc. v. Delta Marine Drilling Company, 410 F. 2d 178 (5th Cir. 1969).1 Under maritime law, the passive tortfeasor is entitled to total indemnity from the actively negligent party. Kelloch v. S & H Subwater Salvage, Inc., 473 F. 2d 767, 769 (5th Cir. 1973); Tri-State Oil Tool Industries, Inc. v. Delta Marine Drilling Company, supra. Since we agree with the trial judge’s determination that Gandee’s negligence, if at all, could only have been as a passive tortfeasor, he is entitled to indemnification from the active tortfeasor, Cigarette.
For the foregoing reasons, we affirm.
. Thus, we reject appellant’s contention that Section 371.52, Florida Statutes (1977) applied to impose liability on Gandee as boat owner. Branch v. Schumann, 445 F. 2d 175 (5th Cir. 1971).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Rubin v. Brutus Corp. & Galaxy Boat Mfg. Co., Inc., 487 So. 2d 360 (Fla. 1st DCA 1986)…gn and manufacture of boats and components, even though the defendants’ complained-of conduct may have occurred ashore, are governed by maritime law. Moser v. Texas Trailer Corp., 623 F. 2d 1006 (5th Cir.1980); Cigarette Racing Team, Inc. v. Gandee, 418 So. 2d 337 (Fla. 3d DCA 1982); Rountree v. A.P. Moller Steamship Co., 218 So. 2d 771; Ingram River Equipment, Inc. v. Pott Industries, Inc., 573 F.Supp. 896 (E.D.Mo.1983); In re Oil Spill By Amoco Cadiz, 491 F.Supp. 170 (N.D.Ill.1979). General maritime law has…
-
Beckman v. Rick's Watercraft Rentals, 719 So. 2d 1025 (Fla. 3d DCA 1998)…ctivities at dock), review denied (October 19, 1995); Miami Valley Broadcasting Corp. v. Lang, 429 So. 2d 1333 (Fla. 4th DCA 1983)(passenger in pleasure boat on intercoastal thrown from seat in boat onto deck); Cigarette Racing Team, Inc. v. Gandee, 418 So. 2d 337 (Fla. 3d DCA 1982)(pleasure boat passenger on intercoastal thrown from boat and injured face when boat hit wake), pet. for review denied, 427 So. 2d 736 (Fla.1983). See generally Foremost Ins. Co. v. Richardson, 457 U.S. 668, 102 S.Ct. 2654, 73 L.Ed…
-
Kuhl (S.D. Fla. 2021)…ages are to persons or property. See Fischer, 508 F. 3d at 594 (collecting cases); Branch, 445 F. 2d at 177-78; Matter of Rogers, No. 4:18-CV-10012-JLK, 2018 WL 11229132, at *2 (S.D. Fla. Sept. 18, 2018); Cigarette Racing Team v. Gandee, 418 So. 2d 337, 338 n.1 (Fla. 3d DCA 1982). As such, Florida Statutes section 327.32 does not apply in this case. IV. CONCLUSION Accordingly it is ORDERED AND ADJUDGED that the Motion, ECF No. [78], is GRANTED, and Count II of Suntex’s Amended Claim, ECF No.…
Authorities Cited
- Tri-State OIL Tool Indus., Inc. v. DELTA Marine Drilling Co., 410 F.2d 178 (5th Cir. 1969)
- Branch v. Schumann, 445 F.2d 175 (5th Cir. 1971)
- Kelloch v. S & H Subwater Salvage, Inc., 473 F.2d 767 (5th Cir. 1973)