100 So. 3d 729
Fla. Dist. Ct. App.2012Background
- Valet service Marino Parking Systems, Inc. returned a car to an intoxicated driver after he left Sway Lounge, leading to a fatal accident that killed Nicole Weber.
- Weber, as personal representative of the estate, sued the lounge and the valet for wrongful death, alleging the valet had a duty not to return keys to an intoxicated driver.
- The circuit court granted Marino Parking’s motion to dismiss, relying on Blocker v. WJA Realty Ltd. Partnership to bar negligent entrustment liability.
- Weber argued Blocker is superseded by Kitchen v. K-Mart Corp. and Restatement (Second) of Torts § 390, which would permit negligent entrustment against a supplier of chattels.
- The court held cars are dangerous instrumentalities and discussed negligent entrustment; but the valet, as bailee, did not have a superior right to Price’s car and thus was not liable for negligent entrustment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Duty of valet to refrain from returning keys to intoxicated driver | Weber says Blocker is obsolete; §390 applies | Blocker controls; valet owes no such duty | No duty; dismissal affirmed |
| Applicability of negligent entrustment given bailment status | §390 applies; foreseeability of harm | Valet is bailee, not bailor; §390 not applicable | Not applicable; no negligent entrustment liability against valet |
| Dram shop statute applicability to valet liability | Statute may limit liability for consequences of intoxication | Statute restricts only those who sell alcohol | Inapplicable to valet; dram shop limits pertain to sellers/furnishers |
Key Cases Cited
- Blocker v. WJA Realty Ltd. Partnership, 559 So.2d 291 (Fla. 2d DCA 1990) (rejected negligent entrustment liability for returning bailed property)
- Kitchen v. K-Mart Corp., 697 So.2d 1200 (Fla.1997) (adopted Restatement § 390; negligent entrustment analysis expanded)
- Williams v. Bumpass, 568 So.2d 979 (Fla. 5th DCA 1990) (foreseeability governs negligent entrustment; ownership not required)
- Umble v. Sandy McKie & Sons, Inc., 294 Ill.App.3d 449, 690 N.E.2d 157 (Ill.App. 1998) (essential element is superior right to control the property)
- Estate of Villanueva ex rel. Villanueva v. Youngblood, 927 So.2d 955 (Fla. 2d DCA 2006) (discussed dangerous instrumentality doctrine as applied to automobiles)