CESAR CUENCA, APPELLANT,
v.
THE BOARD OF PUBLIC INSTRUCTION OF METROPOLITAN DADE COUNTY, FLORIDA A/K/A THE SCHOOL BOARD OF DADE COUNTY, FLORIDA, APPELLEE
CESAR CUENCA, APPELLANT,
THE BOARD OF PUBLIC INSTRUCTION OF METROPOLITAN DADE COUNTY, FLORIDA A/K/A THE SCHOOL BOARD OF DADE COUNTY, FLORIDA, APPELLEE
702 So. 2d 1295
Florida District Court of Appeal, Third District (1997)
Caution
Cited by 6 cases
Opinion of the Court
PER CURIAM.
Affirmed. See Dilallo v. Riding Safely, Inc., 687 So. 2d 353 (Fla. 4th DCA 1997); DeBoer v. Florida Offroaders Driver’s Assoc., Inc., 622 So. 2d 1134 (Fla. 5th DCA 1993); Banfield v. Louis, 589 So. 2d 441 (Fla. 4th DCA 1991); Theis v. J & J Racing Promotions, 571 So. 2d 92 (Fla. 2d DCA 1990), review denied, 581 So. 2d 168 (Fla.1991).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Marriott Int'l, Inc. v. Zaira Perez-Melendez, 855 So. 2d 624 (Fla. 5th DCA 2003)…— the ordinary consumer test and the risk benefit test — and the verdict form did not require the jury to identify its basis for deciding that the product was defective. In a wrongful death action, the court in Penske Truck Leasing Co., LP v. Moore, 702 So. 2d 1295 (Fla. 4th DCA 1997), applied the two-issue rule by presuming that the jury found for the plaintiffs on both theories of negligence submitted to the jury. The court reasoned that the verdict form did not request a finding based on each theory and, th…
-
Alexander v. Penske Logistics, Inc., 867 So. 2d 418 (Fla. 3d DCA 2003)…ikewise reject this argument. The estate relies on cases holding that “questions suggesting that a driver has been charged with a traffic violation in connection with an accident constitute prejudicial error.” Penske Truck Leasing Co., LP v. Moore, 702 So. 2d 1295, 1298 (Fla. 4th DCA 1997) (citations omitted); see also Hernandez v. State Farm Fire and Cas. Co., 700 So. 2d 451, 452 (Fla. 4th DCA 1997); Spanagel v. Love, 585 So. 2d 317, 318 (Fla. 5th DCA 1991). The logic is that the officer’s decision to give a…
-
Reliance Ins. Co. v. Wiggins, 763 So. 2d 450 (Fla. 4th DCA 2000)…automobile. See generally Aurbach v. Gallina, 753 So. 2d 60 (Fla.2000) (tracing history of liability under the dangerous instrumentality doctrine); Susco Car Rental Sys. v. Leonard, 112 So. 2d 832, 837 (Fla.1959); Penske Truck Leasing Co. v. Moore, 702 So. 2d 1295, 1299 (Fla. 4th DCA 1997). Based on the findings of the trial court that Dorn had not converted or stolen the vehicle, his custody of the vehicle was tantamount to FLL’s for the purpose of imposing the dangerous instrumentality doctrine. Additional…
Authorities Cited
- Theis v. J & J Racing Promotions, 571 So. 2d 92 (Fla. 2d DCA 1990)
- Davis v. State, 589 So. 2d 441 (Fla. 3d DCA 1991)
- Banfield v. Songea Louis, 589 So. 2d 441 (Fla. 4th DCA 1991)
- Thompson v. State, 687 So. 2d 353 (Fla. 1st DCA 1997)
- Deboer v. Fla. Offroaders Driver's Ass'n, Inc., 622 So. 2d 1134 (Fla. 5th DCA 1993)