SALSBURY v. KAPKA

No. 4D08-3105.

41 So.3d 1103 (2010)

Helen SALSBURY and Robert Salsbury, Appellants, v. Kenneth S. KAPKA, Brian M. Cullen, a minor, by and through his parents and natural guardians, John A. Cullen and Virginia J. Cullen; and John A. Cullen and Virginia J. Cullen, individually, Appellees.

District Court of Appeal of Florida, Fourth District.

August 18, 2010.


Attorney(s) appearing for the Case

Bard D. Rockenbach of Burlington & Rockenbach, P.A., West Palm Beach, and David C. Appleby of Schlesinger Law Offices, P.A., Fort Lauderdale, for appellants.

Patrick Gent, Plantation, for appellee.


LEVINE, J.

The issue presented in this appeal is whether an all-terrain vehicle ("ATV") is a "dangerous instrumentality" under Florida's tort law. Because the trial court did not compile an adequate factual record, we cannot reach this issue. Instead, we reverse the judgment of the trial court and remand for an evidentiary hearing.

The dangerous instrumentality doctrine "imposes strict vicarious liability upon the owner of a motor vehicle who voluntarily entrusts...

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