ITT CONSUMER SERVICES CORPORATION, A DELAWARE CORPORATION, APPELLANT,
v.
TRAVELERS INDEMNITY COMPANY, SUBROGEE FOR SKY LAKE COUNTRY CLUB, DIVISION OF TWO SEASONS, INCORPORATED, APPELLEE
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ITT Consumer Services appealed a judgment in a bailment action brought by Travelers Indemnity Company (subrogee for Sky Lake Country Club) for the loss of a Cadillac left for valet parking at Miami International Airport. The court affirmed the judgment against ITT, holding that once the bailor proved the bailment and loss, ITT as bailee had to demonstrate it exercised ordinary care, which the trial court found it failed to do.
The court affirmed the judgment against ITT, holding that once the bailor proved the existence of the bailment and loss of the chattel while in the bailee's possession, ITT bore the burden of proving it exercised ordinary care. The trial court's factual findings regarding credibility and weight of ITT's testimony about employee malfeasance were binding on appeal, and ITT failed to demonstrate reversible error on any of its procedural points.
[1] A bailee in a mutual benefit bailment is held to the standard of ordinary care and is liable for ordinary negligence in the absence of an agreement to the contrary.
[2] Proof of a bailment and the loss of a chattel while in the bailee's possession establishes a prima facie case, shifting the burden to the bailee to demonstrate the exerci…
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Join FLexlaw to unlock all legal intelligence“The instant bailment was a bailment for the mutual benefit of both bailor and bailee. In the absence of an agreement to the contrary, the bailee is held to the standard of ordinary care and is liable for ordinary negligence.”
Establishes the legal standard applicable to mutual benefit bailments and the bailee's duty of care
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Join FLexlaw to unlock all legal intelligenceOn October 11, 1968, Sky Lake Country Club delivered a 1968 Cadillac with keys to ITT for valet parking at Miami International Airport, receiving a cl…
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Appellant-defendant ITT Consumers Services, Inc. appeals a final judgment entered against it. A bailment action was brought by appellee-plaintiff Travelers Indemnity Company (“subrogee”), the subro-gee for Sky Lake Country Club, which is a division of Two Seasons, Incorporated (“bailor”). This was a non-jury trial in which liability was the sole issue, the amount of damages being stipulated to by the parties.
Many of the facts are undisputed. The parties agree that a mutual benefit bailment was created on October 11, 1968, when the bailor, through its employee, delivered a 1968 Cadillac with its keys to appellant, for valet parking at the Miami International Airport. The bailor was given *75a claim check by the attendant. On October 13, 1968, when the bailor returned for redelivery of the car, the appellant failed to redeliver it.
The bailor filed a claim under its comprehensive insurance policy, and under the theft clause. The appellee-Travelers Indemnity Company became subrogated to that claim, on paying it. Travelers filed suit for the loss of the automobile.
The airport parking facility had several gates, all manned by attendants. The bailee had possession of the keys, and its part of the claim check when redelivery was demanded. The bailee therefore urges that only active malfeasance on the part of several persons acting in concert would explain the disappearance of the Cadillac under the circumstances. The bailee argues that it did exercise due care, in view of these circumstances.
The agent of the bailor allegedly refused to fill out a claim report or to immediately notify the police. The bailee claims this constituted contributory negligence.
As points for reversal the bailee, ITT contends that the court erred: (1) in denying defendant’s motions for judgment and for judgment n.o.v., (2) in denying as not timely defendant’s invocation of the rule as to sequestration of witnesses, and (3) in refusing to admit the airport parking claim form. We hold that appellant has failed to demonstrate reversible error under the facts of this case and affirm.
The instant bailment was a bailment for the mutual benefit of both bailor and bailee. In the absence of an agreement to the contrary, the bailee is held to the standard of ordinary care and is liable for ordinary negligence.
The plaintiff proved the bailment and loss of the chattel while in possession of the bailee. In so doing the subrogee of the bailor made a prima facie case as to the bailment. The duty then devolved upon the bailee to go forward with the evidence and show that it exercised ordinary care. Harbor One, Inc. v. Preston, Fla. App.1965, 172 So.2d 478; Porter v. Izlar Motor Co., 134 Fla. 798, 184 So. 329.
The appellant offered testimony m support of its explanation of concerted illegal activity by its employees. Certain of this supporting testimony is at least inconsistent, and it is susceptible of conflicting inferences. These questions of credibility of the testimony and weight assigned to inferences drawn therefrom were for the trier of the facts. He resolved them adverse to appellant.
Appellant’s point as to invoking the rule of sequestration of witnesses is without merit. City of Miami Beach v. Washburn, Fla. 1956, 88 So.2d 555. The appellant has failed to demonstrate that the refusal to allow the parking claim ticket into evidence was reversible, rather than merely harmless, error.
For the reasons stated, the judgment appealed is affirmed.
Affirmed.
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AETNA Cas. & Sur. Co. v. Pappagallo Rest., Inc., 547 So. 2d 243 (Fla. 3d DCA 1989)…d testimony from Aetna’s witnesses that a theft had occurred, whether the circumstances surrounding that theft evidenced ordinary care by Pappagallo remained an issue of fact for the factfinder. See ITT Consumer Servs. Corp. v. Travelers Indem. Co., 256 So. 2d 74 (Fla. 3d DCA 1971) (evidence of intervening criminal activity and inferences to be drawn therefrom presented question of fact regarding due care), cert. denied, 263 So. 2d 229 (Fla.1972); See also Cler [*245] mont Marine Sales, Inc. v. Harmon, 347 S…
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Int'l GEM Stones, Inc. v. Harper-Robinson & Co., Inc., 299 So. 2d 160 (Fla. 3d DCA 1974)…57, 99 So. 2d 575, 72 A.L.R. 2d 391; Burkett v. Belk-Lindsey Co., Fla. App.1962, 137 So. 2d 266. The appellant as plaintiff proceeded on the theory approved by this court in ITT Consumer Services Corp. v. Travelers Indemnity Company, Fla.App. 1971, 256 So. 2d 74, where the court held: “The instant bailment was a bailment for the mutual benefit of both bailor and bailee. In the absence of an agreement to the contrary, the bailee is held to the standard of ordinary care and is liable for ordinary negligence.…
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Supreme Int'l Corp. v. AIR SEA Shipping, Inc., 585 So. 2d 480 (Fla. 3d DCA 1991)…39 (Fla. 2d DCA 1977); see Value Rent-A-Car, Inc. v. Collection Chevrolet, Inc., 570 So. 2d 1376 (Fla. 3d DCA 1990); Aetna Cas. & Sur. Co. v. Pappagallo Restaurant, 547 So. 2d 243 (Fla. 3d DCA 1989); ITT Consumer Serv. Corp. v. Travelers Indem. Co., 256 So. 2d 74 (Fla. 3d DCA 1971), cert. denied, 263 So. 2d 229 (Fla.1972). Accordingly, we reverse the final summary judgment. Reversed and remanded for further proceedings.…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Porter v. Izlar Motor Co., Inc., 134 Fla. 798 (Fla. 1938)
- Harbor ONE, Inc. v. Preston, 172 So. 2d 478 (Fla. 3d DCA 1965)
- City OF Miami Beach v. Washburn, 88 So. 2d 555 (Fla. 1956)