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MENDEZ v. DADELAND DODGE, INC.

No. 94-1996.

657 So.2d 1287 (1995)

Manuel MENDEZ and Santa Mendez, husband and wife; Adaly Mendez, a minor, by and through her father and natural guardian, and Elsa Vivian Machado, Appellants, v. DADELAND DODGE, INC., a Delaware Corporation; Gary P. Simon, as personal representative of the Estate of Dulce Maria Lopez, deceased, and Juana Lopez, Appellees.

District Court of Appeal of Florida, Third District.

August 2, 1995.

Attorney(s) appearing for the Case

Liggio & Luckman, West Palm Beach, Caruso, Burlington, Bohn & Compiani and Philip M. Burlington, West Palm Beach, for appellants.

Adams & Adams and Mai-Ling E. Castillo, Miami, for appellees.

Before BARKDULL, BASKIN and LEVY, JJ.

PER CURIAM.

In an automobile accident case where the theory of liability was vicarious, the trial court denied a motion to amend the complaint to urge liability on a bailee in contrast to ownership of the dangerous instrumentality. The matter not having been set for trial, we reverse the order denying the amendment under the principles announced in Hart Properties, Inc. v. Slack, 159 So.2d 236 (Fla. 1963); O'Brien v. Young...

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