STATE FARM FIRE & CASUALTY CO., AS SUBROGEE OF LUIS AND SUSAN BULAS, APPELLANT,
v.
BILL USSERY MOTORS, INC., APPELLEE
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State Farm, as subrogee of vehicle owners, appealed summary judgment in favor of an auto repair shop (Bill Ussery) in a negligent bailment action arising from the theft of a Mercedes Benz during routine service. The court affirmed, holding that the shop did not breach its duty of care where the vehicle was stolen by armed robbers through an intervening criminal act.
A bailee is not liable for theft caused by an intervening criminal act where the bailee exercised the degree of care a reasonably prudent person would bestow on their own property and there is no evidence of breach of the requisite duty of care.
[1] A bailee is not an insurer of property entrusted to its care and is only liable for loss if it breaches the duty of the requisite degree of care.
[2] The standard for determining a bailee's liability for lost or stolen goods is whether the bailee exercised the same degree of care toward the goods as a reasonably pruden…
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“A bailee is not an insurer of the property delivered into its keeping and is not liable for the loss of the thing bailed, except where there is a breach of the duty of the requisite degree of care.”
Establishes the fundamental principle that bailees have limited liability and are only liable for breaches of the duty of reasonable care, not for all losses.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe Bulas brought their Mercedes Benz to Bill Ussery Motors for an oil change and routine maintenance. The technician parked the vehicle in a lot acro…
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PER CURIAM.
The plaintiff, State Farm Fire & Casualty Company [State Farm], as subrogee of Luis and Susan Bulas, appeals from the trial court’s order granting final summary judgment in favor of the defendant, Bill Ussery Motors Inc. [Bill Ussery]. We affirm.
Luis and Susan Bulas took their Mercedes Benz to Bill Ussery for an oil change and routine maintenance. The technician that was servicing the vehicle parked it in a parking lot across the street from Bill Ussery’s main facility. This lot was used by Bill Ussery to service vehicles and for employee parking. This lot was also within view of the Coral Gables Pohce Department. The technician was under the hood checking the transmission fluid when two women, one, armed with a gun, and the other, carrying a bottle of mace, approached him. The women held him at gunpoint and stole the vehicle.
The vehicle was insured by State Farm, and State Farm paid the Bulas’ insurance claim. Thereafter, State Farm filed suit as subrogee against Bill Ussery for neghgent bailment. Bill Ussery answered and raised the defense that the loss of the vehicle was caused by an intervening criminal act, not by the defendant’s negligence. The trial court granted final summary judgment in favor of Bill Ussery. This appeal follows.
“A bailee is not an insurer of the property delivered into its keeping and is not hable for the loss of the thing bailed, except where there is a breach of the duty of the requisite degree of care.” Fruehauf Corp. v. Aetna Ins. Co., 336 So. 2d 457, 459 (Fla. 1st DCA 1976). “ ‘The test of liability of a bailee for intrusted goods which are lost or stolen is whether the bailee exercised that degree of care toward the goods that a reasonably prudent person would bestow on his own goods.’ ” Fruehauf Corp., 336 So. 2d at 459 (quoting Hollander v. Nolan Brown Motors, Inc., 272 So. 2d 9 (Fla. 3d DCA 1973)).
The undisputed facts do not demonstrate that the bailee, Bill Ussery, was guilty of neghgenee in respect to the theft of the vehicle. Additionally, the undisputed evidence shows that the vehicle disappeared solely as a result of an intervening criminal act perpetrated by armed robbers while the vehicle was being serviced by the bailee’s employee. Under the circumstances of this case, the trial court correctly granted Bill Ussery’s motion for summary judgment where, as a matter of law, Bill Ussery did not breach the requisite duty of care for a bailee.1
Affirmed.
. State Farm’s reliance on Aetna Casualty & Surety Co. v. Pappagallo Restaurant, 547 So. 2d 243 (Fla. 3d DCA 1989), is misplaced. Aetna Casualty is distinguishable since in Aetna Casualty there was no evidence or witness that could describe how the theft actually occurred, whereas, in the present case, there is no dispute as to how the theft actually occurred.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Fruehauf Corp. v. AETNA Ins. Co., 336 So. 2d 457 (Fla. 1st DCA 1976)
- AETNA Cas. & Sur. Co. v. Pappagallo Rest., Inc., 547 So. 2d 243 (Fla. 3d DCA 1989)
- David v. State, 272 So. 2d 9 (Fla. 3d DCA 1973)