November 4, 2004
Sun State Ford, Inc. V. Laverica Burch
Case Number(s):
SC04-157

Transcript:

Summary:

This case involves Sun State Ford's vicarious liability as the owner of a vehicle involved in an incident in which an individual was killed. The Fifth District Court of Appeal ruled that the dangerous instrumentality doctrine is not limited to the negligent operation of a vehicle and that reckless driving or other intentional misconduct by the operator does not terminate the owner's liability under the doctrine. The Fifth District held that the owner's liability will be terminated when the operator uses the vehicle in a weapon-like manner with the intent to cause physical harm. However, if this weapon-like use was reasonably foreseeable to the owner, liability will still be imputed under the doctrine under the Fifth District's ruling.