L. R. BICKLEY AND COLONIAL PENN INSURANCE COMPANY, APPELLANTS,
v.
JOAN BERNARD CASTILLO, APPELLEE

Fla. 3d DCA | 1977-05-31
No. 77-146
Before HENDRY, C. J., and BARKDULL and NATHAN, JJ.
346 So. 2d 625 Florida District Court of Appeal, Third District (1977) Caution
Cited by 8 cases

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Synopsis

This interlocutory appeal addresses whether a vehicle owner can be held liable under the dangerous instrumentality doctrine for injuries caused by a mechanic's negligent road testing of the vehicle while it was in the repair shop's custody. The court held that the doctrine does not apply when the owner has relinquished control and custody to an independent contractor.


Holding

The dangerous instrumentality doctrine does not apply to hold the vehicle owner liable. An owner who places a vehicle in the custody of a repair shop for repairs and has no knowledge of or control over the vehicle's operation during that time is not liable to third parties for injuries caused by the mechanic's negligent operation, absent negligence by the owner.


Headnotes

[1] The dangerous instrumentality doctrine does not apply to hold a vehicle owner liable for damages caused by a repairman's negligent operation of the vehicle when the owner…

[2] A vehicle owner is not liable for injuries caused by a repairman's negligent operation of the vehicle on a public highway if the owner had no knowledge of or control over…

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Key Quotes

“the owner of a vehicle who places his automobile in the custody of a repair shop for repairs, and has no knowledge of or control over the operation of the vehicle during that time, is not liable to a third person for injuries caused by the negligent operation of said vehicle by the repairman, absent negligence on the part of the owner”

Establishes the core holding that vehicle owners are not liable under the dangerous instrumentality doctrine when they relinquish control to repair shops.

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Facts & Procedural History

Bickley brought his automobile to a service station for repairs. Mechanic Vincente Almeida, who spoke little English, road-tested the vehicle to diagn…

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Opinion of the Court
HENDRY, Chief Judge.

HENDRY, Chief Judge.

Appellants, L. R. Bickley and his insurer, Colonial Penn Insurance Company, defendants below, take this interlocutory appeal from a final summary judgment on liability, rendered in favor of appellee, Joan Bernard Castillo, plaintiff below.

Appellant Bickley drove his automobile into a service station for repairs. He was met there by one Vincente Almeida, a mechanic for the service station.1 Almeida, who spoke little or no English, drove with Bickley to work and then returned the vehicle to the station. Later that morning, Almeida, assuming the vehicle was brought in to correct a prior stalling problem, road-tested the vehicle. In an attempt to simulate the stalling problem, Almeida lost the use of the power brakes, ran a red light at an intersection and struck appellee Castillo’s vehicle, causing her injuries and property damage.

After the initial pleadings were filed, which included, inter alia, crossclaims filed by the various defendant-insureds against such other relating to the issue of insurance coverage, the coverage issue was severed from the issue of the various defendants’ liability to the plaintiff.

Subsequently, appellee filed a motion for summary judgment against all defendants. Both Bickley and Colonial Penn thereupon filed their motions for summary judgment against appellee, as did other defendants. Summary judgment on the issue of liability was entered in favor of appellee and against all defendants, including appellants, with the exception of Almeida’s insurer. This interlocutory appeal follows.

The question to be determined by this appeal is whether the dangerous instrumentality doctrine applies to hold an owner of a vehicle liable for damages to a person injured by said vehicle on the public highway, as a result of the negligent road testing of the vehicle by a garage repairman, who maintained both control and custody over the vehicle. We hold that the above doctrine does not apply, and reverse.

The recent case of Harfred Auto Repairs, Inc. v. Yaxley, 343 So. 2d 79 (Fla. 1st DCA 1977) is dispositive of the question. There, the court held that the owner of a vehicle who places his automobile in the custody of a repair shop for repairs, and has no knowledge of or control over the operation of the vehicle during that time, is not liable to a third person for injuries caused by the negligent operation of said vehicle by the repairman, absent negligence on the part of the owner, notwithstanding the fact that the negligent act occurred on the public highway.

The rationale for the above is founded upon the principle that the dangerous instrumentality doctrine as applied to automobiles is grounded exclusively upon re-spondeat superior (master-servant), and ga-ragemen and mechanics are generally independent contractors. Petitte v. Welch, 167 So. 2d 20 (Fla. 3d DCA 1964); Harfred, supra, Annotation, 35 A.L.R.2d 804 (1954).

Accordingly, summary judgment is hereby reversed and the cause is remanded with directions to enter a summary judgment in favor of appellants Bickley and Colonial Penn Insurance Company.

Reversed and remanded with directions.

. Both Almeida and the service station, G.M. Texaco, and their respective insurers were also defendants below, though not parties to this appeal.


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Citator

Cited By

  • Castillo v. Bickley, 363 So. 2d 792 (Fla. 1978)
    …ENGLAND, Chief Justice. In Bickley v. Castillo, 346 So. 2d 625, 626 (Fla. 3d DCA 1977), the Third District Court of Appeal held that: “[T]he owner of a vehicle who places his automobile in the custody of a repair shop for repairs, and has no knowledge of or control over the operation of the vehicle during that…
  • Haddox v. Lumbermens Mut. Cas. Co. & Renette Rousseau, 360 So. 2d 482 (Fla. 3d DCA 1978)
    …PER CURIAM. Affirmed. Harfred Auto Imports, Inc. v. Yaxley, 343 So. 2d 79 (Fla. 1st DCA 1977); Bickley v. Castillo, 346 So. 2d 625 (Fla. 3d DCA 1977).…
  • Aidee Lopez v. DeMARIA Porche-Audi, 395 So. 2d 199 (Fla. 3d DCA 1981)
    …PER CURIAM. The trial judge directed a verdict for DeMaria, the owner of a vehicle, relying on this court’s opinion in Bickley v. Castillo, 346 So. 2d 625 (Fla.3d DCA 1977), approved, Castillo v. Bickley, 363 So. 2d 792 (Fla.1978). We reverse. Under the facts of this case, the vehicle in question was entrusted to a serviceman, not only to deliver it to the repairman’s facility but with the understan…

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