Kottmeier v. General Motors Acceptance Corp., 89-02501

• Court: Court of Appeal of Florida (US)
• Writing for the Court: LEHAN; SCHEB, A.C.J., and RYDER
• Citation: 561 So.2d 1369
• Parties: 15 Fla. L. Weekly D1611 June H. KOTTMEIER, individually and in her capacity as personal representative of the Estate of Carl Kottmeier, Appellant, v. GENERAL MOTORS ACCEPTANCE CORPORATION, a corporation, Appellee.
• Docket Number: No. 89-02501,89-02501
• Decision Date: 15 June 1990

Page 1369

561 So.2d 1369

15 Fla. L. Weekly D1611

June H. KOTTMEIER, individually and in her capacity as personal representative of the Estate of Carl Kottmeier, Appellant, v. GENERAL MOTORS ACCEPTANCE CORPORATION, a corporation, Appellee.

No. 89-02501.

District Court of Appeal of Florida,

Second District.

June 15, 1990.

Joel D. Eaton of Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, P.A., Miami, and Wagner, Cunningham, Vaughan & McLaughlin, P.A., Tampa, for appellant.

Larry I. Gramovot of Stuart, Gramovot & Strickland, P.A., Tampa, for appellee.

LEHAN, Judge.

Affirmed. See Raynor v. De La Nuez, 558 So.2d 141 (Fla.3d DCA 1990); Kraemer v. General Motors Acceptance Corp., 556 So.2d 431 (Fla.2d DCA 1990).

As did the Third District Court of Appeal in Raynor, we certify this case to the Florida Supreme Court as of great public importance. It involves whether under circumstances like those recited in Kraemer a long-term lessor of an automobile may be held liable under the dangerous instrumentality doctrine to a plaintiff injured by the operation of the automobile.

SCHEB, A.C.J., and RYDER, J., concur.