DOUGLAS A. HARDING AND JANET E. HARDING, HIS WIFE, APPELLANTS,
v.
ALLEN-LAUX, INC., D/B/A TAYLOR RENTAL CENTER, CHARLES HILYER, D/B/A HILYER SOD FARMS, AND ALICE ALBRITTON, APPELLEES

Fla. 2d DCA | 1990-04-04
No. 89-01406
PARKER, A.C.J., and PATTERSON, J., concur.
559 So. 2d 107 Florida District Court of Appeal, Second District (1990) Positive Treatment
Cited by 16 cases

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.

Synopsis

The Hardings were injured in a collision with a forklift operated by the lessee's employee on a public highway. The court reversed summary judgment for Taylor Rental Center, holding that the forklift qualifies as a dangerous instrumentality, making the owner liable despite the lessee's operation of the equipment.


Holding

A 16,000-pound forklift with tractor-like tires and protruding steel tusks, operated on a public highway by a lessee's employee, constitutes a dangerous instrumentality under Florida law, making the owner liable for injuries caused by its negligent operation.


Headnotes

[1] The owner of a vehicle is liable under Florida's dangerous instrumentality doctrine for its operation by a lessee, even if the vehicle is operated on a golf course.

[2] Florida's dangerous instrumentality doctrine applies to heavy equipment, such as cranes and tow motors, used on job sites.

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Key Quotes

“If an owner of a golf cart is liable under Florida's dangerous instrumentality doctrine for the golf cart's operation on a golf course by a lessee, Meister v. Fisher, 462 So.2d 1071 (Fla.1984), surely the owner of this larger, four-wheel vehicle with protruding steel tusks is liable under this doctrine for its operation on a public highway, by a lessee.”

Establishes the court's core reasoning by analogy, arguing that if golf carts trigger the doctrine, a forklift certainly should.

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Facts & Procedural History

On October 8, 1986, Mr. Harding's car collided with a 16,000-pound forklift operated by Alice Albritton, an employee of Hilyer Sod Farms, on State Roa…

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Opinion of the Court
ALTENBERND, Judge.

ALTENBERND, Judge.

The plaintiffs, Mr. and Mrs. Harding, appeal a final summary judgment in favor of one defendant, Allen-Laux, Inc., d/b/a Taylor Rental Center. The summary judgment determined that Taylor Rental could not be liable under the dangerous instrumentality doctrine for injuries caused by a forklift which was owned by Taylor Rental and operated by a lessee’s employee on a public highway. We reverse and hold that this forklift is a dangerous instrumentality under the facts of this case.

On October 8, 1986, Mr. Harding was driving his car when he was involved in a two-vehicle collision on State Road 43 in Manatee County, Florida. The other vehicle was a 16,000-pound forklift, or “lift-it,” with tires similar to tractor tires. Alice Albritton was operating the forklift. She was employed as a crew chief and forklift driver by Charles Hilyer, d/b/a Hilyer Sod Farms. Hilyer Sod was installing sod along the edge of the state road. In order to install the sod, Hilyer Sod had a sizable crew, including several persons to direct traffic. The forklift was used to move pallets of sod at the job site. Thus, the forklift was often operated on the roadway in this work zone.

Hilyer Sod did not own the forklift. Hi-lyer Sod rented the vehicle from Taylor Rental Center, which was in the business of renting construction equipment. Taylor Rental did not provide the driver, and thus knew that an employee of Hilyer Sod would necessarily operate the forklift.

If an owner of a golf cart is liable under Florida’s dangerous instrumentality doctrine for the golf cart’s operation on a golf course by a lessee, Meister v. Fisher, 462 So. 2d 1071 (Fla.1984), surely the owner of this larger, four-wheel vehicle with protruding steel tusks is liable under this doctrine for its operation on a public highway, by a lessee. The courts of Florida have applied this doctrine to other types of heavy equipment on job sites. Scott & Jobalia Constr. Co. v. Halifax Paving, Inc., 538 So. 2d 76 (Fla. 5th DCA), jurisdiction accepted, 544 So. 2d 199 (Fla.1989) (crane); Eagle Stevedores, Inc. v. Thomas, 145 So. 2d 551 (Fla. 3d DCA 196.2) (tow motor).

In a strict construction of a criminal statute, this court has' held that a backhoe is not a conveyance because it is “special mobile equipment” and not a “motor vehicle” within the definitions of chapter 316 of the Florida Statutes concerning traffic control. M.J.S. v. State, 453 So. 2d 870 (Fla. 2d DCA 1984). See §§ 316.003(21), 316.003(49), Fla.Stat. (1985). Assuming that this forklift is “special mobile equipment” for the purposes of chapter 316, it is still unquestionably a large vehicle powered by a motor and requiring skilled operation.

The legal rules of liability for the authorized use of peculiarly dangerous in-strumentalities are especially applicable to the negligent operation on the public highways of motor vehicles whose weight, speed, and mechanism render the negligent or inefficient use of them perilous to the public, who have a right to travel the highways without being subjected to undue dangers of injury by others.

Southern Cotton Oil Co. v. Anderson, 80 Fla. 441, 450, 86 So. 629, 638 (1920) (on petition for rehearing). See also Anderson v. Southern Cotton Oil Co., 73 Fla. 432, 74 So. 975 (1917).

For the purposes of the judicially created dangerous instrumentality doctrine, the various definitions of “motor vehicle” within the Florida Statutes are not dispositive. The doctrine is not necessarily invoked by any statutory definition of motor vehicle. Instead, it is invoked by a judicial decision that “an instrumentality of known qualities is so peculiarly dangerous in its operation as to” justify the doctrine. Southern Cotton Oil Co. v. Anderson, 80 Fla. 441, 450, 86 So. 629, 638 (1920) (on petition for rehearing).

Reversed and remanded.

PARKER, A.C.J., and PATTERSON, J., concur.


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Cited By

  • Rippy v. Shepard, 80 So. 3d 305 (Fla. 2012)
    …m of farm tractors render their negligent use peculiarly dangerous to others. Furthermore, farm tractors frequently operate along state roads and other public areas, thereby subjecting the public to danger of injury. Cf. Harding v. Allen-Laux, Inc., 559 So. 2d 107, 108 (Fla. 2d DCA 1990) (holding that a forklift that was often operated along the edge of a state road was a dangerous instrumentality under the facts of the case). Accordingly, given their “potent source of danger,” there can be no question that a…
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  • Canull v. Hodges, 584 So. 2d 1095 (Fla. 1st DCA 1991)
  • Salsbury v. Kapka, 41 So. 3d 1103 (Fla. 4th DCA 2010)
    …trine is historically a creation of the courts, not the Legislature, and may be invoked or extended where “ ‘an instrumentality of known qualities is so peculiarly dangerous in its operation as to’ justify the doctrine.” Harding v. Allen-Laux, Inc., 559 So. 2d 107, 108 (Fla. 2d DCA 1990) (quoting S. Cotton Oil Co. v. Anderson, 80 Fla. 441, 86 So. 629, 638 (1920)). “Florida is unique in [*1105] that it is the only state to have adopted this rule by judicial decree.” Festival Fun Parks, LLC v. Gooch, 904 So. 2d…

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