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.
Key facts
- Harris was injured when a bucket attachment on a rented Bobcat loader operated by Risher fell on his foot; Harris sued Sunbelt Rentals, the loader's owner, for direct negligence and vicarious liability under the dangerous instrumentality doctrine.
- The trial court granted summary judgment on the direct negligence count and on vicarious liability based on the joint adventurer exception to the dangerous instrumentality doctrine.
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Why it matters
The opinion sharply narrows the joint adventurer defense in dangerous instrumentality cases: shared participation in a job is insufficient; the defendant must show joint operation and control of the vehicle itself with… — full analysis with a trial
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