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Garcia v. Mid-Florida Hauling, Inc., FF-412 (1977)

Court: District Court of Appeal of Florida Number: FF-412 Visitors: 6
Judges: Smith
Filed: Oct. 24, 1977
Latest Update: Mar. 01, 2020
Summary: 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
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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.

Source:  CourtListener

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