ELISEO FERRER AND MARIA FERRER, APPELLANTS,
v.
FGC ENTERPRISES, INC., D/B/A FOUNTAINBLEAU GOLF COURSE HOMES, INC., APPELLEE
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The court held that league members using golf carts are properly viewed as co-bailees or joint adventurers, thus the golf course is not liable for injuries caused by one member to another.
Plaintiff was a member of a golf league at defendant's golf course and was injured when another league member, who had moved into the driver's seat of…
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PER CURIAM.
Eliseo Ferrer and Maria Ferrer appeal an adverse summary judgment in their personal injury case. We affirm.
Plaintiff-appellant Eliseo Ferrer was a member of a golf league at the Fontaine-bleau Golf Course. In return for the fees paid to the league, league members received reduced green fees and the use of golf carts. The golfers play in rotating groups each week..
In 1998, plaintiff and another league member, Fernando Calvo, were participating in league play. Plaintiff drove the golf cart with Calvo as the passenger. When plaintiff located his golf ball, he got out of the cart. Calvo moved into the driver’s seat to move the cart to where Calvo’s golf ball was located.
Calvo struck plaintiff with the golf cart. Plaintiff filed suit' against FGC Enterprises, Inc. as operator of the golf course, arguing that FGC was liable to the plaintiff under the dangerous instrumentality doctrine.* Maria Ferrer brought a claim for loss of consortium.
The trial court correctly entered summary judgment in favor of the golf course. League members using golf carts in this situation are properly viewed as being co-bailees or joint adventurers. Raydel, Ltd. v. Medcalfe, 178 So. 2d 569, 570-72 (Fla.1965).
Affirmed.
*
In Meister v. Fisher, 462 So. 2d 1071 (Fla.1984), the Florida Supreme Court held that a golf cart is a dangerous instrumentality.
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Cited By
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Harris v. Sunbelt Rentals, Inc. (Fla. 3d DCA 2023)
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Harris v. Sunbelt Rentals, Inc. (Fla. 3d DCA 2023)…the injured joint adventurer is not viewed as an unsuspecting member of the general public and, therefore, the vehicle’s owner cannot be held vicariously liable for the bailee’s negligent operation of the vehicle. Id. at 572; Ferrer v. FGC Enters., 805 So. 2d 967, 967 (Fla. 3d DCA 2002) (citing Raydel). “The test of a joint venture in this context is whether [the individuals] are jointly operating and controlling the movement of the vehicle with common purpose and community of interest in the enterprise, wit…
Authorities Cited
- Raydel, Ltd. v. Medcalfe, 178 So. 2d 569 (Fla. 1965)
- Meister v. Fisher, 462 So. 2d 1071 (Fla. 1984)