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SMILOWITZ v. RUSSELL

No. 84-220.

458 So.2d 406 (1984)

Selma SMILOWITZ, Appellant, v. Leonard H. RUSSELL, Appellee.

District Court of Appeal of Florida, Third District.

November 6, 1984.

Attorney(s) appearing for the Case

Whitman, Wolfe & Gross and Andrew Newman and Irving J. Whitman, Miami, for appellant.

Adolfo Del Castillo, Miami, for appellee.

Before HENDRY, NESBITT and DANIEL S. PEARSON, JJ.

DANIEL S. PEARSON, Judge.

The issue in this case is whether, as the court below ruled, the shop rule exception to the dangerous instrumentality doctrine recognized in Castillo v. Bickley, 363 So.2d 792 (Fla. 1978), relieves the vehicle owner of liability to an injured party where, as here, the injury-causing operation of the vehicle occurred not during the servicing or service-related testing of the vehicle, but rather as...

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