Garcia v. Mid-Florida Hauling, Inc.

Full title: RENE GARCIA AND ADRIENNE GARCIA, HIS WIFE, APPELLANTS, v. MID-FLORIDA…

Court: District Court of Appeal of Florida, First District

Date published: Oct 24, 1977

350 So. 2d 1141 (Fla. Dist. Ct. App. 1977)

Opinion

No. FF-412.

October 24, 1977.

Appeal from the Circuit Court for Alachua County, John J. Crews, J.

John F. Roscow, III, of Scruggs, Carmichael, Long, Tomlinson, Roscow, Pridgeon, Helpling Young, Gainesville, for appellants.

Toby S. Monaco, of Dell, Graham, Willcox, Barber, Ryals Henderson, Gainesville, for appellee.

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.