Senior Partner John Bringardner, Esq., and Senior Associate Michael Kerwin, Esq., recently filed a motion for summary judgment in the case styled Jenelle Sprague and Jericho Sprague v. Desoto Automotive Enterprises, Inc. d/b/a Desoto Ford. In this case, the Defendant car dealership provided a courtesy loaner vehicle to a customer whose vehicle was in service, and that customer was subsequently involved in a motor vehicle collision. Plaintiff contended that the dealership’s ownership of the vehicle was sufficient to maintain a claim of vicarious liability through Florida’s Dangerous Instrumentality Doctrine.

 

Our motion for summary judgment, premised on an extension of the Graves Amendment and Collins v. Auto Partners V, LLC, 276 So. 3d 817 (Fla. 4th DCA 2019), argued that a car dealership’s courtesy loaner does not lead to vicarious liability under Florida’s Dangerous Instrumentality Doctrine. Within only hours of filing the motion, Plaintiffs dismissed the claim against Desoto Ford. Read more