Garcia v. Mid-Florida Hauling, Inc., FF-412

FF-412 | Fla. Dist. Ct. App. | Oct 24, 1977

350 So. 2d 1141" date_filed="1977-10-24" court="Fla. Dist. Ct. App." case_name="Garcia v. Mid-Florida Hauling, Inc.">350 So.2d 1141 (1977)

Rene GARCIA and Adrienne Garcia, His Wife, Appellants,
v.
MID-FLORIDA HAULING, INC., a Corporation, and Wilson Sawyer, Appellee.

No. FF-412.

District Court of Appeal of Florida, First District.

October 24, 1977.

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.