RENE GARCIA AND ADRIENNE GARCIA, HIS WIFE, APPELLANTS,
v.
MID-FLORIDA HAULING, INC., A CORPORATION, AND WILSON SAWYER, APPELLEE
RENE GARCIA AND ADRIENNE GARCIA, HIS WIFE, APPELLANTS,
MID-FLORIDA HAULING, INC., A CORPORATION, AND WILSON SAWYER, APPELLEE
350 So. 2d 1141
Florida District Court of Appeal, First District (1977)
Caution
Cited by 14 cases
Opinion of the Court
SMITH, Judge.
Appellants have not produced any agreement or shown any relationship between Mid-Florida and appellee Sawyer suggesting Mid-Florida would indemnify Sawyer for damages resulting from his negligent acts. Nor have appellants properly invoked the dangerous instrumentality doctrine. A trailer is not a dangerous instrumentality, and appellants have not shown Mid-Florida exercised ownership or dominion over the tractor. AFFIRMED.
MILLS, Acting C. J., and ERVIN, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Cheung v. Ryder Truck Rental, Inc., 595 So. 2d 82 (Fla. 5th DCA 1992)…o independent operator. The Toyota was not an automobile in use; it was merely a load being towed behind a vehicle. It was equivalent to a trailer drawn by a tractor. A trailer is not a dangerous instrumentality. Garcia v. Mid-Florida Hauling, Inc., 350 So. 2d 1141 (Fla. 1st DCA 1977). The court in Pullman, Inc. v. Johnson, 543 So. 2d 231 (Fla. 4th DCA 1987), rev. dismissed, 549 So. 2d 1014 (Fla.1989) held: We recognize that the trailer portion of a tractor-trailer may have an impact on the cause and extent…
-
Edwards v. ABC Transp. Co., 616 So. 2d 142 (Fla. 5th DCA 1993)…o independent operator. The Toyota was not an automobile in use; it was merely a load being towed behind a vehicle. It was equivalent to a trailer drawn by a tractor. A trailer is not a dangerous instrumentality. Garcia v. Mid-Florida Hauling, Inc., 350 So. 2d 1141 (Fla. 1st DCA 1977). [emphasis supplied]. The court in Pullman, Inc. v. Johnson, 543 So. 2d 231 (Fla. 4th DCA 1987), rev. dismissed, 549 So. 2d 1014 (Fla.1989) held: We recognize that the trailer portion of a tractor-trailer may have an impact on…1 / 2
-
Pullman, Inc. v. Johnson, 543 So. 2d 231 (Fla. 4th DCA 1987)…e of applying the vicarious liability policy enunciated in Southern Cotton Oil Co. v. Anderson, 80 Fla. 441, 86 So. 629 (1920). See U-Haul Co. v. Liberty Mutual Insurance Co., 445 So. 2d 1082 (Fla. 4th DCA 1984); Garcia v. Mid-Florida Hauling, Inc., 350 So. 2d 1141 (Fla. 1st DCA 1977); Foster v. Lee, 226 So. 2d 282 (Fla. 2d DCA 1969); Powell v. Henry, 224 So. 2d 730 (Fla. 2d DCA 1969), cert. dismissed, 231 So. 2d 518 (Fla.1970). See also Meister v. Fisher, 462 So. 2d 1071 (Fla.1984) (a golf cart is clearly a m…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence