BARNETT v. STATE FARM FIRE & CAS. CO.

Nos. 4D99-3377, 4D99-3436 and 4D00-271.

775 So.2d 395 (2000)

Rosemary BARNETT and Robert L. Barnett, individually and as Personal Representatives of the Estate of Patrick A. Barnett, Deceased, and Jeff J. Klimas, Appellants, v. STATE FARM FIRE & CASUALTY COMPANY, Mercedes Benz Credit Corporation and Steven E. Olvey, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 19, 2001.


Attorney(s) appearing for the Case

Sheldon J. Schlesinger, P.A., and Arnold R. Ginsberg of Ginsberg & Schwartz, Miami, for Appellants Rosemary Barnett and Robert L. Barnett.

Robert H. Schwartz, Dieter K. Gunther, Jonathan M. Matzner and Alain E. Boileau of Adorno & Zeder, P.A., Fort Lauderdale, for Appellant Jeffrey J. Klimas.

June Galkoski Hoffman and Steven E. Stark of Fowler, White, Burnett, Hurley, Banickc & Strickroot, P.A., Miami for Appellee Mercedes Benz Credit Corporation.

Gail Leverett Parenti of Parenti, Falk, Waas, Hernandez & Cortina, P.A., Coral Gables, for Appellees State Farm Fire and Casualty Company and Steven E. Olvey.


KLEIN, J.

The Barnetts appeal a declaratory judgment finding that neither the owner nor lessor of a vehicle was liable for the death of their son in an automobile collision. We affirm, but address one issue, whether the lessor could be legally liable for the negligence of a driver who was found by a jury to have been driving the car without the consent of the lessee.

Steven and Lynn Olvey went on a trip to Mexico in 1996 leaving Kyle, Lynn's teenage son by...

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