Ryder Truck Rental, Inc. v. Rosenberger

699 So. 2d 713, 1997 WL 374389
CourtDistrict Court of Appeal of Florida
DecidedJuly 9, 1997
Docket96-1673
StatusPublished
Cited by11 cases

This text of 699 So. 2d 713 (Ryder Truck Rental, Inc. v. Rosenberger) 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
Ryder Truck Rental, Inc. v. Rosenberger, 699 So. 2d 713, 1997 WL 374389 (Fla. Ct. App. 1997).

Opinion

699 So.2d 713 (1997)

RYDER TRUCK RENTAL, INC., a Florida corporation, Appellant,
v.
Lorraine ROSENBERGER, Mother and Next Best Friend of Megan Rosenberger, Appellee.

No. 96-1673.

District Court of Appeal of Florida, Third District.

July 9, 1997.
Rehearing Denied October 15, 1997.

*714 Gaebe, Murphy, Mullen & Antonelli, and Michael J. Murphy, Coral Gables, for appellant.

Stave & Coffey, and Ronald H. Stave Omaha, NE, Treadwell, Stetler, Erickson, Cimino & McElrath, Naples, for appellee.

Before NESBITT, FLETCHER and SHEVIN, JJ.

FLETCHER, Judge.

Defendant, Ryder Truck Rental, Inc. [Ryder], appeals the denial of a motion to dismiss on forum non conveniens grounds. We reverse.

The complaint alleges that the minor plaintiff, Megan Rosenberger, was seriously and permanently injured while riding as a passenger in a Ryder truck rented and driven by her father, Michael Rosenberger; that Mr. Rosenberger rented the truck from a Ryder rental agency located in Seattle, Washington in order to move his family from Seattle to Nebraska, where the family now resides; and that while operating the truck on an interstate highway near Livingston, Montana, Mr. Rosenberger negligently caused the truck to strike a concrete bridge abutment. Mrs. Rosenberger brought, in Florida, an action to recover for her daughter's injuries against the owner of the leased truck—defendant Ryder, which is a Florida *715 corporation. The action does not include Mr. Rosenberger as a defendant.

Ryder moved to dismiss this action based on the then-recently adopted doctrine of forum non conveniens under Kinney System, Inc. v. Continental Ins. Co., 674 So.2d 86 (Fla.1996) and Florida Rules of Civil Procedure 1.061. Ryder argues that Florida has no interest in this out-of-state accident and that, in choosing Florida as her venue, the plaintiff is forum shopping. Ryder maintains that Florida was selected simply because of its unique dangerous instrumentality doctrine [1] which imposes vicarious liability on the owner of a motor vehicle for the negligence of an authorized driver. The trial court disagreed and denied Ryder's motion to dismiss.

In Kinney, the Florida Supreme Court adopted the federal forum non conveniens standard which requires a four-step analysis. Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 67 S.Ct. 839, 91 L.Ed. 1055 (1947); Kinney, 674 So.2d at 90; Fla.R.Civ.P. 1.061(a). Under the federal standard, a court entertaining a forum non conveniens motion must first determine that an adequate alternative forum exists which possesses jurisdiction over the whole case. Ryder argues that the proper forum for this action would be Montana, where the accident occurred and where the minor plaintiff received her initial medical treatment. Plaintiff, however, complains that she has no remedy against Ryder in Montana because that state does not have a dangerous instrumentality doctrine like that of Florida.[2] This, plaintiff argues, rules out Montana as an alternative forum under Kinney. We note that this raises a conflict of laws question, i.e., whether, if tried in Florida, the court is to apply the substantive law of Florida or of Montana, the latter of which excludes Ryder's vicarious liability. If Montana law were to be applied by a Florida court, then the plaintiff's concern that a forum non conveniens dismissal will deprive her of an adequate alternative forum is meaningless.

We conclude that the substantive law of Montana would apply if the plaintiff's cause were tried in Florida. Pursuant to our Supreme Court's holding in Bishop v. Florida Specialty Paint Co., 389 So.2d 999 (Fla. 1980), in determining conflicts issues, Florida courts are to apply the "significant relationships test" as set forth in the Restatement (Second) of Conflict of Laws § 146 (1969):

"In an action for a personal injury, the local law of the state where the injury occurred determines the rights and liabilities of the parties, unless, with respect to the particular issue, some other state has a more significant relationship under the principles stated in sec. 6 to the occurrence and the parties, in which event the local law of the other state will be applied."

The substantive law of the place of injury (Montana) would thus apply to the plaintiff's claim unless Florida has a more significant relationship to the occurrence or the parties. In that regard we note that the minor plaintiff, her mother and her father all reside in Nebraska; the Ryder truck was titled in Georgia and was licensed in New Mexico; the accident occurred in Montana; the state of departure and where the rental agreement was entered into was Washington, with Nebraska as the intended destination; and, finally, Ryder is a Florida corporation.

The Restatement's choice-of-law principles to which we look to determine the more significant relationship,[3] endorsed by our Supreme *716 court in Bishop v. Florida Specialty Paint Co., lead to our conclusion that Montana law applies. First, as to the needs of the interstate and international systems and as to the relevant policies, Montana has a manifest need to have its tort laws applied to accidents within its jurisdiction. While Florida has an interest in protecting its citizens and visitors from persons who put dangerous instrumentalities in another's hands, we are not here dealing with Florida plaintiffs, either residents or visitors.

As to the justified expectations, there is no reason why Ryder would have expected Florida's vicarious liability to apply through its vehicle leased to a Nebraska resident in Seattle, Washington, licensed in New Mexico and titled in Georgia, in relation to an accident in Montana. The plaintiff, having no connection with Florida, would not be justified in expecting Florida law to apply.

Applying the law of the state where the injury occurred will lead to more certainty, predictability and uniformity of result, and will ease the determination and application of the law. Owners will be more prepared to understand and to deal with the obligations and rights if the law where the vehicle is operated applies.

Florida courts have in a number of cases concluded that Florida had the most significant relationship notwithstanding that the injury occurred in another state. In each instance, however, there had been a greater connection than mere residency in Florida by the defendant. In Bishop v. Florida Specialty Paint Co., the genesis decision adopting the Restatement's principles, all relevant parties were Florida residents. The Florida family members who were guest passengers in the plane involved brought suit against the plane's lessee (a Florida corporation) and the pilot (president of the lessee). The holiday trip (to North Carolina) was to begin and end in Jacksonville. The plane crashed in South Carolina, thus raising the question whether Florida law (more liberal towards recovery) would apply or whether South Carolina's aviation guest statute (less liberal toward recovery) would apply. In concluding that Florida law applied, the Court emphasized the numerous relationships with Florida, including the fact that all the parties were Florida residents. Bishop, 389 So.2d at 1000.

In Wal-Mart Stores, Inc. v. Budget Rent-A-Car, Sys., 567 So.2d 918 (Fla. 1st DCA 1990), rev. denied,

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Bluebook (online)
699 So. 2d 713, 1997 WL 374389, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ryder-truck-rental-inc-v-rosenberger-fladistctapp-1997.