Harris v. Sunbelt Rentals, Inc.

Harris was injured when a rented Bobcat loader operated by Risher dropped a bucket attachment on his foot; he sued Sunbelt, the loader's owner, for direct negligence and for vicarious liability under the dangerous instrumentality doctrine. The Third DCA affirmed summary judgment on the direct negligence count but reversed on vicarious liability, holding genuine issues of material fact remained as to whether Harris was a 'joint adventurer' with Risher. The court also held that Newton v. Caterpillar Financial Services did not abrogate the joint adventurer exception.

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