JOSEPH SHAIN, APPELLANT,
v.
RED TOP CAB AND BAGGAGE CO., A FLORIDA CORPORATION, RED TOP SEDAN SERVICE, INC., A FLORIDA CORPORATION, AND GENERAL MOTORS CORPORATION, A DELAWARE CORPORATION, APPELLEES
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The appellate court affirmed a directed verdict for the defendants in a personal injury case. The plaintiff's sole theory was res ipsa loquitur, but the court found the evidence insufficient to apply the doctrine to General Motors and showed the other defendants exercised due care regarding a latent defect.
No, the doctrine of res ipsa loquitur was not applicable against General Motors because there was no evidence of its control over the vehicle. Yes, the Red Top companies exercised due care, as the defect causing the accident was latent and undiscoverable by inspection.
“the record on appeal failed to reveal any control in the appellee, General Motors Corporation, to warrant the application of res ipsa loquitur”
Establishes the reason for not applying res ipsa loquitur to General Motors.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff was injured while a passenger in a limousine owned by Red Top Cab and Baggage Co. and operated by Red Top Sedan Service, Inc. The limous…
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Plaintiff in the trial court appeals from an adverse final judgment, rendered upon a directed verdict in a personal injury action. He sought damages for injury sustained while a passenger in a limousine ■owned by Red Top Cab and Baggage Co., and operated by Red Top Sedan Service, Inc., which had been purchased initially from the appellee, General Motors Corporation. The sole theory of liability pleaded or attempted to be proved by the plaintiff was the liability of the defendants under the doctrine of res ipsa loquitur.
We affirm the action of the trial judge in that the record on appeal failed to reveal any control in the appellee, General Motors Corporation, to warrant the application of res ipsa loquitur [see: American District Electric Protective Co. v. Seaboard Air Line Railway Company, 129 Fla. 518, 177 So. 294; Frash v. Sarres, Fla.1952, 60 So.2d 924], and that the evidence failed to reveal any failure on the part of the ap-pellees, Red Top Cab and Baggage Co., and Red Top Sedan Service, Inc., in the exercise of due care in the maintenance of their equipment. To the contrary, they demonstrated that the defect causing the accident was a latent one, undiscoverable by inspection. In this connection, see: Schott v. Pancoast Properties, Fla.1952, 57 So.2d 431; Hine v. Fox, Fla.1956, 89 So.2d 13; Martin v. Powell, Fla.App.1958, 101 So.2d 610; Brookshire v. Bendix Co., Fla.App.1963, 153 So.2d 55, Cert. Denied, Fla.1964, 163 So.2d 881.
Therefore, for the reasons stated above, the actions of the trial judge, here under review, are hereby affirmed.
Affirmed.
(dissenting in part).
I concur in the affirmance of the directed verdicts in favor of the defendants, General Motors Corporation and Red Top Cab and Baggage Co., but respectfully dissent from the holding which affirms the directed verdict for the defendant, Red Top Sedan Service, Inc.
In my opinion, rejection of the doctrine of res ipsa loquitur as to Red Top Sedan Service, Inc. is in conflict with National Airlines Incorporated v. Fleming, Fla.App. 1962, 141 So.2d 343.
TILLMAN PEARSON, Judge
(dissenting in part).
I concur in the affirmance of the directed verdicts in favor of the defendants, General Motors Corporation and Red Top Cab and Baggage Co., but respectfully dissent from the holding which affirms the directed verdict for the defendant, Red Top Sedan Service, Inc. In my opinion, rejection of the doctrine of res ipsa loquitur as to Red Top Sedan Service, Inc. is in conflict with National Airlines Incorporated v. Fleming, Fla.App. 1962, 141 So. 2d 343.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Am. Dist. Elec. Protective Co. v. Seaboard Air Line Ry. Co., 129 Fla. 518 (Fla. 1937)
- Schott v. Pancoast Props., 57 So. 2d 431 (Fla. 1952)
- Frash v. Sarres, 60 So. 2d 924 (Fla. 1952)
- Elois Brookshire v. Fla. Bendix Co., Inc., 153 So. 2d 55 (Fla. 3d DCA 1963)
- Nat'l Airlines v. Fleming, 141 So. 2d 343 (Fla. 1st DCA 1962)
- Bess Hine v. FOX, 89 So. 2d 13 (Fla. 1956)
- Martin v. Powell, 101 So. 2d 610 (Fla. 2d DCA 1958)
- Marjore Warwick LEE and Evaline Warwick Pearce v. Morrissey & Vogel, 101 So. 2d 610 (Fla. 3d DCA 1958)
- Turner v. State of Fla. ex rel. Franklin E. Gruver, 163 So. 2d 881 (Fla. 1964)
- Elois Brookshire v. Fla. Bendix Co., Inc., 163 So. 2d 881 (Fla. 1964)