PIETRO FIDELI, APPELLANT,
v.
WILLIE MAE COLSON AND CHARLES COLSON, APPELLEES
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.
The court held that an inference of consent cannot be founded upon another inference when a contrary reasonable inference exists.
Plaintiff sued the owner of a car for injuries from a collision, alleging the driver was operating without the owner's consent. The owner moved for su…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Inference Upon Inference Rule cases and more on FLexlaw
The plaintiff, who claimed damages for an injury resulting from an automobile collision, appeals a summary final judgment for the defendant who was the owner of the other car involved in the collision. The owner, defendant, prevailed on his motion for summary judgment upon the holding that there was no genuine issue of- fact because it appeared without conflict that the driver of the car was at the time of the accident driving without the consent of the defendant.
The record contains an extract from the transcript of the trial of thé driver on the traffic violation. The driver testified that she sought and obtained permission to drive the car from her boy friend who was also a friend and companion of the owner.
It is true that all inferences of fact from the proofs proffered at the hearing on a motion for summary final judgment must be drawn against the movant and in favor of the party opposing the motion. Warring v. Winn-Dixie Stores, Fla.App.1958, 105 So.2d 915; Radice v. Morris, Fla.App.1961, 135 So.2d 231; Via v. Tillinghast; Fla.App.1963, 153 So.2d 59. However, here the appellant contends that an inference of- consent arises from the fact that the owner did not stop the driver at the time the car was taken, but this inference is dependent on another inference that the owner overheard the driver’s statement to the mutual friend and was aware that the car was being taken. We think this result is prohibited .by the rule that an inference may be founded upon an inference only when no contrary reasonable inference may be indulged. See Voelker v. Combined Ins. Co. of America, Fla.1954, 73 So.2d 403; Commercial Credit Corporation v. Varn, Fla.App.1959, 108 So.2d 638.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Little v. Publix Supermarkets, Inc., 234 So. 2d 132 (Fla. 4th DCA 1970)…ury may draw from sufficient circumstantial evidence. Busbee v. Quarrier, Fla.App.1965, 172 So. 2d 17. Furthermore, an inference may be founded upon an inference when no contrary reasonable inference may be indulged. Fideli v. Colson, Fla.App.1964, 165 So. 2d 794. In Commercial Credit Corporation v. Varn, Fla.App.1959, 108 So. 2d 638, our sister court stated: “Circumstantial evidence certainly may be relied upon as a basis for recovery in civil actions. Tucker Brothers, Inc. v. Menard, Fla.1956, 90 So. 2d…
-
Silvio Martinez v. Hart, 270 So. 2d 438 (Fla. 3d DCA 1972)…to the operation of his vehicle by another he cannot and will not be held liable for injuries resulting to a third party due to the unauthorized driver’s negligence. Hankerson v. Wilcox, Fla.App.1965, 173 So. 2d 747; Fideli v. Colson, Fla.App.1964, 165 So. 2d 794. Plaintiff-appellant relies on the dangerous instrumentality doctrine and Leonard v. Susco Car Rental System of Florida, Fla.App.1958, 103 So. 2d 2431 to hold defendant liable for Robert’s negligent use of the automobile. In Susco an action was bro…
-
Hayes v. City of Miami, 171 So. 2d 390 (Fla. 1964)…Certiorari denied without opinion. 165 So. 2d 794.…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Voelker v. Combined Ins. Co. of Am., 73 So. 2d 403 (Fla. 1954)
- City OF Miami v. Lager, 105 So. 2d 915 (Fla. 3d DCA 1958)
- Commercial Credit Corp. v. Varn, 108 So. 2d 638 (Fla. 1st DCA 1959)
- Atl. Coast Line R.R. Co. v. Goff, 108 So. 2d 638 (Fla. 2d DCA 1959)
- VIA v. Tillinghast, 153 So. 2d 59 (Fla. 3d DCA 1963)
- Radice v. Berryl T. Morris, Jr., 135 So. 2d 231 (Fla. 2d DCA 1961)