Ryan S. DOOLEY, Appellant,
v.
Carrie T. HARRIS, Appellee.
District Court of Appeal of Florida, Fifth District.
Kristine R. Kutz of Killgore Pearlman, Orlando, for Appellant.
*1207 Andrew P. Rock of Rissman, Weisberg, Barrett, Hurt, Donahue & McLain, P.A., Orlando, for Appellee.
W. SHARP, Judge.
Ryan Dooley appeals from a final summary judgment in favor of Carrie Harris in his personal injury action. Dooley was injured when he was struck by a vehicle owned by Harris. At the time of the accident, the car was being driven by Terri Barner, who had taken the vehicle from Harris without permission. Dooley contends that there are genuine issues of material fact as to whether Barner had implied consent to take the vehicle or whether her theft of the vehicle was reasonably foreseeable. We disagree and affirm the judgment below.
The dangerous instrumentality doctrine imposes vicarious liability upon the owner of a motor vehicle who gives express or implied consent to another to operate that motor vehicle. Hertz Corp. v. Jackson,
There is no evidence here from which a jury could reasonably find implied consent by Harris to Barner, or that Barner's theft of the vehicle was reasonably foreseeable. Harris and Barner were acquaintances. Harris allowed Barner to stay in her home a few days after Barner had been released from jail on a probation violation for a DUI conviction. Barner was waiting for her mother to send a ticket for her to return to Pennsylvania. Barner had no driver's license. If she needed to go anywhere, Harris or someone else would drive her. Barner never used anyone's car.
Before leaving her home for a few days, Harris told Barner that if she needed to go anywhere, Harris' son would drive her. Harris left her car locked in a closed garage. She believed that she left her car keys in her jewelry box. Upon her return after the accident, the keys were gone, as were her watch and gold bracelet. When she discovered that the car was missing, Harris filed charges against Barner with the police department. Harris stated that she did not give Barner permission to use her vehicle at any time and had left the vehicle locked at her home.
We agree that the trial court properly entered summary judgment in Harris' favor. See Duarte v. Wetzel,
AFFIRMED.
PETERSON and THOMPSON, JJ., concur.
