STATE FARM MUT. AUTO. v. AUSTIN OUTDOOR

No. 4D04-4257.

918 So.2d 446 (2006)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and Eric Peck, Appellants, v. AUSTIN OUTDOOR INC. and OneSource Landscape & Golf Services, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

January 25, 2006.


Attorney(s) appearing for the Case

Frances F. Guasch of Luis E. Ordonez & Associates, Miami, for appellant State Farm Mutual Automobile Insurance Company.

Robert Garven, Coral Springs, and Dan Cytryn of Cytryn & Santana, P.A., Tamarac, for appellant Eric Peck.

Clinton D. Flagg and Jenelle E. La Chuisa of the Law Offices of Clinton D. Flagg, P.A., Coral Gables, for appellees.


FARMER, J.

In this motor vehicle, personal injury case, there was a dispute as to whether the driver was operating the defendants' vehicle with their knowledge and consent, or was instead a thief. If the latter, defendants would not be liable under the dangerous instrumentality doctrine. The trial court granted a motion for summary judgment on this issue filed by defendants. We reverse.

The record evidence emerging during discovery showed that the truck involved...

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