ROBERT GIANNONE, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Silvio Martinez v. Hart, 270 So. 2d 438 (Fla. 3d DCA 1972)
  …owner of an automobile does not give his consent 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 u…
• Elmore Ivey v. Nat'l Fisheries, Inc., 215 So. 2d 74 (Fla. 3d DCA 1968)
  …n employee’s acts when the auto concerned was taken or used without the employer’s permission. Johnson v. Mills, Fla.1948, 37 So. 2d 906; Pearson v. St. Paul Fire and Marine Ins. Co., Fla. App.1966, 187 So. 2d 343; Hankerson v. Wilcox, Fla.App.1965, 173 So. 2d 747; Hudson v. Smith, Fla.App.1961, 135 So. 2d 450. Unauthorized use of an auto has been held to include those situations wherein the employer’s permission to use the vehicle extended only to the immediate business premises and the tort occurred outsid…
• Dooley v. Harris, 714 So. 2d 1206 (Fla. 5th DCA 1998)
  …3 (Fla. 1st DCA 1966) (driver who entered the bedroom of sleeping sister and her husband, and took the keys to the husband’s company automobile to drive on a personal errand, did not have implied consent to operate the vehicle); Hankerson v. Wilcox, 173 So. 2d 747 (Fla. 3d DCA 1965) (company was not liable for accident where employee took employer’s truck without permission and was later involved in an accident). AFFIRMED. PETERSON and THOMPSON, JJ., concur.…

Authorities Cited

• Caputo v. State, 173 So. 2d 745 (Fla. 3d DCA 1965)