CAROLYN D. WALDRON, INDIVIDUALLY, ET AL., APPELLANTS,
v.
JOHN HARVEY KIRKLAND ET AL., APPELLEES

Fla. 2d DCA | 1973-07-25
No. 72-793
HOBSON and McNULTY, JJ., concur.
281 So. 2d 70 Florida District Court of Appeal, Second District (1973) Positive Treatment
Cited by 6 cases

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Synopsis

This case addresses whether a vehicle owner can be held vicariously liable for punitive damages under Florida's dangerous instrumentality doctrine when the owner had no knowledge of the driver's propensity to consume alcohol. The court held that while owners are vicariously liable for compensatory damages under the dangerous instrumentality doctrine, they are not vicariously liable for punitive damages absent personal fault.


Holding

A vehicle owner without fault is not vicariously liable for punitive damages under the dangerous instrumentality doctrine, even though the owner remains vicariously liable for compensatory damages. The owner's knowledge of the driver's propensity to consume alcohol is relevant because punitive damages serve to punish wrongdoing, and assessing them against a faultless owner would not punish the actual tortfeasor.


Headnotes

[1] An owner without fault is not vicariously liable for punitive damages under the dangerous instrumentality doctrine.

[2] The purpose of punitive damages is to punish wrongdoers, and imposing them on an owner without fault does not serve this purpose.

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Key Quotes

“This doctrine is premised on the belief that 'victims injured by a dangerous instrumentality should be compensated even though it means placing vicarious liability on an owner who is often without fault. Public policy is not served by also imposing liability upon owners without fault in the area of punitive damages.”

Establishes the distinction between compensatory liability under the dangerous instrumentality doctrine and punitive damages liability, which requires personal fault.

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Facts & Procedural History

Appellants sued Wilbur Deagen (vehicle owner and stepfather), John Kirkland (driver and stepson), and State Farm Insurance after Kirkland's automobile…

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Opinion of the Court
LILES, Acting Chief Judge.

*71LILES, Acting Chief Judge.

Appellants brought suit against Wilbur W. Deagen, John Kirkland and State Farm Mutual Insurance Company for punitive and compensatory damages. John Kirkland was the active tortfeasor and driver of the automobile which collided with the appellants. Wilbur W. Deagen, stepfather of John Kirkland, was the owner of the vehicle and the insurance company was the liability carrier for Deagen.

The count for punitive damages was based on the allegation of the flagrant and reckless misconduct of John Kirkland in operating the automobile while under the influence of intoxicating beverages to such an extent that his normal faculties were impaired. Wilbur Deagen testified in his deposition that he had no knowledge of John Kirkland having ever consumed alcoholic beverages, not only on the date of the accident, but anytime in the past. Upon this information the trial judge granted a partial summary judgment on the claim of punitive damages as to Wilbur Deagen.

Appellants maintain that this was error and assert that under the dangerous instrumentality doctrine the owner is vicariously liable for punitive damages whether or not he knew of or should have known of Kirkland’s propensity to consume alcohol and that such knowledge is irrelevant.

The question of whether or not an owner without fault is vicariously liable for punitive damages has not heretofore been decided in Florida. It is clear from Mr. Deagen’s deposition that he did not know his stepson drank or was drinking on the date of the accident or had ever consumed alcoholic beverages. He testified that he forbade alcoholic beverages on his premises and from the testimony we conclude that had he known of his stepson’s propensity to consume alcoholic beverages he would not have consented to his stepson’s use of the car.

It is clear Mr. Deagen will be liable for compensatory damages based upon the dangerous instrumentality doctrine. This doctrine is premised on the belief that 'victims injured by a dangerous instrumentality should be compensated even though it means placing vicarious liability on an owner who is often without fault. Public policy is not served by also imposing^liability upon owners without fault in the area of punitive damages.

The purpose of assessing punitive damages is well established in Florida. It is a form of punishment for wrongdoers. Here, punitive damages assessed against Wilbur Deagen, who is without fault, will in no way punish John Kirkland, the active tortfeasor.

In view of our decision it is unnecessary to decide the question of whether punitive damages, if allowed against an owner only vicariously liable, are payable by means of the owner’s liability insurance.

For the foregoing reasons, we affirm.

HOBSON and McNULTY, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Mercury Motors Express, Inc. v. Smith, 393 So. 2d 545 (Fla. 1981)
    …icariously liable for punitive damages based upon the willful, wanton, or outrageous conduct of its employee. An analogous situation involving the dangerous instrumentality doctrine was presented to the Second District Court in Waldron v. Kirkland, 281 So. 2d 70 (Fla. 2d DCA 1973). In that case, the plaintiff sought punitive damages against the owner of the motor vehicle based upon the flagrant and reckless misconduct of the driver. The determinative issue was whether the owner, who was without fault, was v…
  • AVIS Rent-A-Car Sys., Inc. v. Garmas, 440 So. 2d 1311 (Fla. 3d DCA 1983)
    …ly upon its vicarious responsibility without fault as the owner of the car under the dangerous instrumentality doctrine, it cannot be subject to punitive damages. Mercury Motors Express, Inc. v. Smith, 393 So. 2d 545 (Fla.1981); Waldron v. Kirkland, 281 So. 2d 70 (Fla. 2d DCA 1973).…
  • Jutta I. Bolinsky v. Fritz, 544 So. 2d 259 (Fla. 2d DCA 1989)
    …. Smith, 393 So. 2d 545 (Fla.1981), to the marital context. Suffice it to say that vicarious liability under Mercury Motors is based upon a master-servant relationship, which is dissimilar from the marital relationship. See also Waldron v. Kirkland, 281 So. 2d 70 (Fla. 2d DCA 1973); Hartford Accident & Indem. Co. v. Ocha, 472 So. 2d 1338 (Fla. 4th DCA), review dismissed, 478 So. 2d 54 (Fla.1985). Affirmed in part, reversed in part, and remanded to the lower court for proceedings consistent herewith. THREAD…

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