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GARCIA v. MID-FLORIDA HAULING, INC.

No. FF-412.

350 So.2d 1141 (1977)

Rene GARCIA and Adrienne Garcia, His Wife, Appellants, v. MID-FLORIDA HAULING, INC., a Corporation, and Wilson Sawyer, Appellee.

District Court of Appeal of Florida, First District.

October 24, 1977.

Attorney(s) appearing for the Case

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...

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