McAllister v. Holman Automotive, Inc. d/b/a Lauderdale BMW of Fort Lauderdale
A scooter rider injured by a driver operating a BMW dealership loaner car sued the dealership on Florida's dangerous instrumentality vicarious liability theory. The Fourth DCA affirmed summary judgment for the dealership, holding that the loaner transaction was a "rental or lease" preempted by the federal Graves Amendment because the dealership received consideration (the opportunity to service the customer's car, payment for tires/installation, and a signed rental agreement), and alternatively that section 324.021(9)(c)3., Florida Statutes (2021), independently immunizes dealers who provide temporary replacement vehicles.
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