Fontaine v. R & E NIFAKOS, INC.

45 So. 3d 548, 2010 Fla. App. LEXIS 15812, 2010 WL 4103195
CourtDistrict Court of Appeal of Florida
DecidedOctober 20, 2010
Docket4D09-2465
StatusPublished

This text of 45 So. 3d 548 (Fontaine v. R & E NIFAKOS, INC.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fontaine v. R & E NIFAKOS, INC., 45 So. 3d 548, 2010 Fla. App. LEXIS 15812, 2010 WL 4103195 (Fla. Ct. App. 2010).

Opinion

GERBER, J.

The plaintiff claimed that the defendant negligently repaired her truck, which later caught fire while she was driving, causing her personal injuries and loss of the truck. At the jury trial, after the plaintiff rested, the defendant moved for a directed verdict. The defendant argued that the plaintiff did not present any evidence that the defendant negligently repaired the truck *549 or caused the fire. The trial court granted the motion. We reverse. We find that the plaintiff presented sufficient evidence to avoid a directed verdict.

We present the evidence introduced at trial in the light most favorable to the plaintiff as the nonmoving party. See Meruelo v. Mark Andrew of Palm Beaches, Ltd., 12 So.3d 247, 250 (Fla. 4th DCA 2009) (“ ‘When an appellate court reviews the grant of a directed verdict, it must view the evidence and all inferences of fact in a light most favorable to the nonmoving party.’ ”) (citation omitted).

The plaintiff and her partner purchased a truck for their roofing business. At the time of the purchase, the truck was fifteen years old and had been driven roughly 55,000 miles. The plaintiffs partner road-tested the truck and obtained the truck’s service history before the purchase. However, he did not have a mechanic inspect the truck.

The plaintiff and her partner drove the truck weekly for the next three months without any problems. However, one day the plaintiffs partner was driving the truck on a highway when it began “bucking” and would not continue running at highway speed. The plaintiffs partner had the truck towed to the defendant’s auto repair shop. The plaintiffs partner told the defendant’s mechanic what occurred on the highway. The mechanic said he would “check out the fuel tanks and the filters.”

When the plaintiff and her partner came to pick up the truck the next day, they asked the defendant’s mechanic what the problem was. The mechanic said that “the fuel lines were messed up.” According to the plaintiff, the mechanic said “he worked on the fuel lines and he did something with the fuel filter. He said he flushed something out.” The plaintiff testified:

[The mechanic] opened the hood to show us exactly what he did.... I got on the left-hand side of the truck, [my partner] was behind me, and [the mechanic] was on the right-hand side ... He was pointing at a piece in the middle of the thing. He said the line’s here. And I don’t know if he meant the fuel lines, filter or whatever, but the little piece in the middle ... he said he worked on.

The plaintiffs partner testified:

As we were going over the invoice, I remember opening the hood.... I remember [the plaintiff] was on one side and [the mechanic] was on the other, and [the mechanic] was pointing to several things under the engine compartment of where he had worked on and it was done in a few minutes....

The plaintiffs partner added that the mechanic “[explained the fuel lines, filter, pretty much it.” When the plaintiffs partner was asked to describe which lines the mechanic said he flushed out, the plaintiffs partner responded that the lines were those “on the backside of the engine between the engine and the firewall of the truck.”

The mechanic gave the plaintiff an invoice which indicated that the mechanic checked the ignition system and fuel system, drained the right fuel tank, replaced the fuel filter, flushed the fuel lines, fixed a fuel line, and replaced the fuel line case.

After this repair, the plaintiffs partner drove the truck and continued to experience the same “bucking” problem. According to the plaintiff, “[the truck] was doing the same thing. It was, like, bucking, like not getting fuel.” Two or three weeks later, they took the truck back to the defendant. The plaintiffs partner told the defendant’s mechanic that the problem was not corrected. The mechanic responded that he would “look at it again.”

*550 A few days later, the mechanic called the plaintiff and her partner to say that the work was finished. According to both the plaintiff and her partner, the mechanic said that he worked on the fuel lines again. The defendant did not charge for, or generate an invoice for, this second repair.

The plaintiffs partner testified that the truck “ran fine after the second [repair]. It had a little bit of bucking to it, but nothing like it was.” However, five or six weeks after the second repair, the plaintiff was driving the truck on the highway and it began to sputter “like [it was] not getting fuel, like [it was] going to stall.” According to the plaintiff:

I was pushing my foot on the fuel and I wasn’t getting any fuel. So I started to smell gas really, really bad....
So the truck started to slow down, so I went across the two lanes on the left-hand side, right along the median or whatever, and I started to slow down. And I slowed down, and I got the truck into park and that’s when the fire started. The flames came up through my legs, through the steering wheel.

The plaintiff could not get out of the truck using her door, so she dove out of the truck through her open window. Although she did not suffer any burns to her skin, the hair on her body and head was singed. The truck and its contents were a total loss.

The plaintiff and her partner had the truck towed back to their business. They later had the truck towed to a storage yard one lot over from their business. The storage yard was fenced in and under lock and key. To the knowledge of plaintiff and her partner, the truck was not altered after the fire.

The fire lieutenant who responded to the fire testified that, after looking inside the engine compartment, he determined that “the fuel lines were the cause of the fire.” He reasoned:

Generally fire burns upwards, so you take a downward triangle of flame pattern where it looks the hottest. And wherever the downward part of the triangle starts or points to, generally that is where the fire started.

When the lieutenant was asked if he was able to localize within the engine compartment where the fire started, he responded, “From what I stated [in my report], it looks like the back wall of the engine compartment closer to the cab was the origin of the fire moving forward.” However, he said he did not consider himself to be an expert in determining fire origin. He determined that there was some type of fuel leak because “there was fuel on the ground leading up to the vehicle.” However, he could not determine whether the fire caused the fuel leak or the fuel leak caused the fire. He said an electrical fire can occur in a vehicle and could burn into a fuel line. However, he added that “[generally ... [w]e don’t have a lot of fuel leaking in electrical to start a fire in the car.” He was unable to offer an opinion on whether the defendant’s repairs had any bearing on the fire. He also could not determine where along fuel line there was a rupture, or why the fuel line ruptured.

The plaintiff had a master automobile technician inspect the truck two years after the fire and then testify as an expert witness. The technician stated the following. Flushing a fuel line requires removing the fuel line from the engine.

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Related

Union Carbide Corp. v. Kavanaugh
879 So. 2d 42 (District Court of Appeal of Florida, 2004)
Meruelo v. Mark Andrew of Palm Beaches, Ltd.
12 So. 3d 247 (District Court of Appeal of Florida, 2009)

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Bluebook (online)
45 So. 3d 548, 2010 Fla. App. LEXIS 15812, 2010 WL 4103195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fontaine-v-r-e-nifakos-inc-fladistctapp-2010.