Ady v. American Honda Finance Corp.

675 So. 2d 577, 1996 WL 122173
CourtSupreme Court of Florida
DecidedMarch 21, 1996
Docket85492
StatusPublished
Cited by37 cases

This text of 675 So. 2d 577 (Ady v. American Honda Finance Corp.) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ady v. American Honda Finance Corp., 675 So. 2d 577, 1996 WL 122173 (Fla. 1996).

Opinion

675 So.2d 577 (1996)

David J. ADY, as personal representative of the Estate of Janet A. Ady, deceased, Petitioner,
v.
AMERICAN HONDA FINANCE CORPORATION, a/k/a AHFC, a California corporation, Respondent.

No. 85492.

Supreme Court of Florida.

March 21, 1996.
Rehearing Denied June 19, 1996.

*578 Arnold R. Ginsberg of Arnold R. Ginsberg, P.A., Miami, and James H. Nance of Nance, Cacciatore, Sisserson, Duryea & Hamilton, P.A., Melbourne, for Petitioner.

Matthew R. Danahy and Larry I. Gramovot of Shofi, Smith, Hennen, Jenkins, Stanley & Gramovot, Tampa, for Respondent.

Steven E.M. Hartz, Michael Fertig, Laura Thomas Rivero, and Christine L. Welstead of Akerman, Senterfitt & Eidson, P.A., Miami, for American Automobile Manufacturers Association and The Association of International Automobile Manufacturers, amici curiae.

WELLS, Justice.

We have for review Ady v. American Honda Finance Corp., 652 So.2d 415 (Fla.2d DCA 1995), which expressly and directly conflicts with the opinion in Gedert v. Southeast Bank Leasing Co., 637 So.2d 253 (Fla.4th DCA 1994). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We hold that for a title owner of an automobile to receive the statutory exemption from liability under the dangerous instrumentality doctrine provided in section 324.021(9)(b), Florida Statutes (1991), the statute requires the lessee to obtain and maintain effective insurance in the stated minimum amounts. Insurance obtained by the lessor which covers the lessee or the motor vehicle does not meet the requirements of the statute. Consequently, we approve the decision in Gedert, quash the Second District's decision in this case, and remand for proceedings consistent with this opinion.

The facts of the case are as follows. On March 8, 1993, there was a three-car automobile accident in Lee County, Florida, in which one of the drivers, Janet Ady, was killed. David Ady, as personal representative of Mrs. Ady's estate, filed a civil action against the other drivers, Robert J. Pelley and Robert C. Elder, alleging the negligence of either or both caused her death. Ady also sued American Honda Finance Corporation (AHFC), claiming that it was responsible to the estate because of the dangerous instrumentality doctrine. AHFC owned the car driven by Pelley and had leased the car to Pelley (lessee), for a term of sixty months.[1]*579 The lease agreement contained a provision that the lessee had to obtain insurance in the amounts required by section 324.021(9)(b).[2] However, the required insurance was not in effect at the time of the accident.

AHFC asserted the affirmative defense that it was exempt from liability under the dangerous instrumentality doctrine because of section 324.021(9)(b). AHFC conceded that the lessee never obtained insurance and that at the time of the accident there was no insurance in effect which had been obtained by the lessee. Nevertheless, AHFC asserted that it should receive the statutory exemption because the lessee was covered under an effective insurance policy which AHFC, the lessor, had obtained and which met the statutory minimum coverage amounts.[3] This policy provided insurance coverage in the amounts required by the statute to any lessee who did not obtain his own insurance pursuant to the requirements of the lease.[4] The trial court agreed and granted AHFC's motion for summary judgment and a final summary judgment in AHFC's favor.

On appeal, the district court affirmed. The court found it of no import that the lessee did not obtain the insurance required under the lease. Rather, the court focused on the fact that the vehicle involved in the accident and the lessee were insured to the required statutory limits under AHFC's policy. In support of this position, the court relied on Folmar v. Young, 591 So.2d 220 (Fla.4th DCA 1991), wherein the district court upheld the constitutionality of section 324.021(9)(b) and determined that where there were two lessees, the statute did not require each lessee to secure separate insurance. Consequently, the court held that AHFC was exempt from liability under the dangerous instrumentality doctrine.

The Ady court did note that its decision was in conflict with the decision of the Fourth District in Gedert v. Southeast Bank Leasing Co., 637 So.2d 253 (Fla.4th DCA 1994), which reached a result contrary to the Ady decision on similar facts. In Gedert, after the lessee's insurance had lapsed due to nonpayment, the lessee was involved in an accident. The lessor in Gedert had a contingent liability insurance policy which would apply in cases where the lessee's insurance policy had lapsed. In holding that the lessor's policy would not allow the lessor to receive the exemption of section 324.021(9)(b), the court looked to the plain language of the statute. The court found that because the statute did not have an exception to the requirement that the lessee have insurance in effect at the time of the accident, the lessor's contingency liability *580 policy would not allow the lessor to receive the benefit of the exemption.

Because we conclude that there must be strict compliance with the express provisions of section 324.021(9)(b) before a title owner of a motor vehicle can receive the benefits of this statutory exception to the dangerous instrumentality doctrine, we approve the Fourth District's decision in Gedert and quash the decision of the Second District in this case. We reach this conclusion by adhering to a narrow construction of the statute and the long-standing rejection of any judicial exception to the dangerous instrumentality doctrine in Florida. See Folmar, 591 So.2d at 225 (Anstead, J., specially concurring).

This Court first extended the dangerous instrumentality doctrine to automobiles in Southern Cotton Oil Co. v. Anderson, 80 Fla. 441, 86 So. 629 (1920). In Southern Cotton Oil this Court stated:

[O]ne who authorizes and permits an instrumentality that is peculiarly dangerous in its operation to be used by another on the public highway is liable in damages for injuries to third persons caused by the negligent operation of such instrumentality on the highway by one so authorized by the owner.

Id. at 468, 86 So. at 638. Several years later, we applied the dangerous instrumentality doctrine to bailors. See Lynch v. Walker, 159 Fla. 188, 31 So.2d 268 (1947). Thereafter, we extended the doctrine to lessors, finding that a lessor's liability results from the owner's obligation to have the vehicle properly operated when it is by his authority on the public highway. See Susco Car Rental System v. Leonard, 112 So.2d 832 (Fla.1959).

This Court recently addressed the liability of long-term lessors under the dangerous instrumentality doctrine in Kraemer v. General Motors Acceptance Corp., 572 So.2d 1363 (Fla.1990). In Kraemer, the lessor claimed that a long-term lease was more analogous to a conditional sales contract than a short-term rental agreement. As such, the lessor claimed that the lessee was the beneficial owner of the automobile and should be deemed the owner of the car for purposes of the dangerous instrumentality doctrine. In rejecting the lessor's position and finding long-term lessors of motor vehicles liable for injuries caused by the negligent operation of those vehicles, we stated:

The dangerous instrumentality doctrine seeks to provide greater financial responsibility to pay for the carnage on our roads.

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675 So. 2d 577, 1996 WL 122173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ady-v-american-honda-finance-corp-fla-1996.