JEFF T. TREVISOL, APPELLANT,
v.
FORD MOTOR CREDIT COMPANY, APPELLEE; STATE FARM MUTUAL AUTO INSURANCE CO., APPELLANT, V. FORD MOTOR CREDIT COMPANY, APPELLEE
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HERSEY, Chief Judge.
Appellee Ford Motor Credit Company entered into a long-term auto lease with Nancy Gerken. On February 8, 1987, Gerken was driving the car when an accident injuring appellant Jeff Trevisol occurred. Tre-visol sued Ford as the owner of the automobile. The trial court entered summary judgment for Ford, finding that section 324.021(9)(a), Florida Statutes (Supp.1986), absolves long-term lessors of liability under the dangerous instrumentality doctrine. We reverse on the authority of Kraemer v. General Motors Acceptance Corp., 572 So. 2d 1363 (Fla.1990). See also McCloud v. Wright, 579 So. 2d 298 (Fla. 4th DCA 1991). This is the same result we reached in Powis v. Ford Motor Credit Co., 575 So. 2d 735 (Fla. 4th DCA 1991), a separate case arising out of the same accident.
We note that section 324.021(9)(b) does not relieve Ford of liability here. It applies only to leases requiring lessees to obtain, in addition to certain bodily injury insurance coverages, at least $50,000 in property damage insurance coverage; the lease here only required Gerken to obtain $25,000 in property damage insurance coverage, Therefore, the statute does not apply to this case.
REVERSED AND REMANDED,
DOWNEY and DELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bush Leasing, Inc. v. Gallo, 634 So. 2d 737 (Fla. 1st DCA 1994)…urance requirements will result in potential liability for a lessor under the dangerous instrumentality doctrine. Gedert v. Southeast Bank Leasing Co., 19 Fla.L.Weekly D111, — So. 2d — (Fla. 4th DCA Jan. 12, 1994); Trevisol v. Ford Motor Credit Co., 583 So. 2d 703 (Fla. 4th DCA 1991), rev. denied, 595 So. 2d 556 (Fla.1992). [*741] The question before us is whether the single-limit policies on the subject vehicle comply with section 324.021(9)(b), Florida Statutes.1 The statute requires split limits of liabili…
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Kraemer v. Gen. Motors Acceptance Corp. & Nationwide Ins. Co., 613 So. 2d 483 (Fla. 2d DCA 1992)…me statutory condition concerning what the lease must require was the basis on which the Fourth District Court of Appeal recently reversed a similar summary judgment in which section 324.021(9)(b) had been applied. Trevisol v. Ford Motor Credit Co., 583 So. 2d 703 (Fla. 4th DCA 1991), review denied, 595 So. 2d 556 (Fla.1992). In fact, but for the majority opinion, this case could, and in my view should, have been disposed of by a reversing opinion as short as the two-paragraph reversing opinion of the Fourth…
Authorities Cited
- Kraemer v. Gen. Motors Acceptance Corp., 572 So. 2d 1363 (Fla. 1990)
- Powis v. Ford Motor Credit Co. & Nancy Krug Gerken, 575 So. 2d 735 (Fla. 4th DCA 1991)
- McCLOUD v. Wright, 579 So. 2d 298 (Fla. 4th DCA 1991)