Smith v. Ryder Truck Rentals Inc., 34627
| Court | United States State Supreme Court of Florida |
| Writing for the Court | THORNAL |
| Citation | 182 So.2d 422 |
| Parties | Freddy R. SMITH, Petitioner, v. RYDER TRUCK RENTALS, INC., Respondent. |
| Docket Number | No. 34627,34627 |
| Decision Date | 16 February 1966 |
Page 422
v.
RYDER TRUCK RENTALS, INC., Respondent.
Page 423
It appears Freddy R. Smith, petitioner here and plaintiff below, and William Holmes were employed by Crandon Wholesale Drug Company. They both operated motorcycles for the drug company. The motorcycles were leased to the drug company by their owner, Ryder Truck Rentals, Inc., a defendant below and respondent here. Smith sued Ryder Truck Rentals, Inc., and Holmes for personal injuries received when the motorcycle Smith was operating collided with the motorcycle operated by Holmes. The accident occurred on a public street in Miami, Florida.
Summary final judgment was entered in favor of Ryder. On appeal, the District Court affirmed, saying:
'Smith received workmen's compensation from his employer Crandon for the injuries sustained in the accident. The controlling question on this appeal is whether or not the immunity from liability which is granted to an employer under the Workmen's Compensation Act, § 440.11, Fla.Stat., F.S.A., extends to the employer's lessor, or is the lessor a third party tort-feasor for which liability may be imposed under the dangerous instrumentality doctrine.
'In reaching the conclusion that Ryder was not liable the trial judge relied upon the decision of this court in Zenchak v. Ryder Truck Rentals, Inc., Fla.App.1963, 150 So.2d 727. On that appeal we affirmed a judgment of the trial court holding that the owner of a rental truck was not vicariously liable under the dangerous instrumentality doctrine where a fellow servant of the driver was injured by the truck. We find no reason that the principle therein expressed should not be applied in this case.'
Despite the excellent argument of the petitioner, we find we must disallow it. Petitioner urges that the provisions of F.S. Section 440.11, F.S.A. of the Workmen's Compensation Act limiting liability of an employer to payment of workmen's compensation, do not extend to Ryder, the lessor of the motorcycles, and that the latter is a tort feasor subject to petitioner's suit for injuries arising from the alleged negligent operation of the motorcycle. Petitioner contends the vicarious liability of an owner of a dangerous instrumentality to an employee injured by the negligent operation of such instrumentality which is leased to his employer is not immunized by the Workmen's Compensation Act because F.S. Section 440.39, F.S.A. thereof authorizes suits by injured employees against third party tort feasors. He urges there is no basis for treating Ryder, the lessor, any differently...
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Scott & Jobalia Const. Co., Inc. v. Halifax Paving, Inc. for Use and Benefit of U.S. Fidelity and Guar. Co., No. 87-1052
...involved in an accident, (as in this case) still a different rule has been evolved. In Smith v. Ryder Truck Rentals, Inc., 182 So.2d 422 (Fla.1966), the court held that the owner/lessor of a pair of motorcycles was not vicariously liable to the lessee/employer who sought to recover monies p......
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Carib Ocean Shipping, Inc. v. Armas, No. 3D02-346.
...Commercial Coatings, Inc. v. Pensacola Concrete Constr. Co., 616 So.2d 960 (Fla. 1993)(crane);1 Smith v. Ryder Truck Rentals, Inc., 182 So.2d 422 (Fla.1966)(motor vehicle); see Sherrill v. Corbett Cranes Servs., Inc., 656 So.2d 181 (Fla. 5th DCA 1995); see also Caramico, 727 So.2d at 348; M......
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Sherrill v. Corbett Cranes Services, Inc., No. 94-81
...Morales v. Ryder Truck Rental, 559 So.2d 317 (Fla. 3d DCA), review denied, 574 So.2d 142 (Fla.1990); Smith v. Ryder Truck Rentals, Inc., 182 So.2d 422 By contrast, in this case, by leasing both the crane and an operator to Foley, Corbett may have become either a subcontractor or an independ......
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Griffith v. Budget Rent-A-Car Systems, Inc., RENT-A-CAR
...shares the employer's workers' compensation immunity from suit by the employee for personal injuries. Smith v. Ryder Truck Rentals, Inc., 182 So.2d 422, 424 (Fla.1966); Sherrill v. Corbett Cranes Servs., Inc., 656 So.2d 181, 183 (Fla. 5th DCA 1995); Morales v. Ryder Truck Rental, 559 So.2d ......
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Scott & Jobalia Const. Co., Inc. v. Halifax Paving, Inc. for Use and Benefit of U.S. Fidelity and Guar. Co., No. 87-1052
...involved in an accident, (as in this case) still a different rule has been evolved. In Smith v. Ryder Truck Rentals, Inc., 182 So.2d 422 (Fla.1966), the court held that the owner/lessor of a pair of motorcycles was not vicariously liable to the lessee/employer who sought to recover monies p......
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Carib Ocean Shipping, Inc. v. Armas, No. 3D02-346.
...Commercial Coatings, Inc. v. Pensacola Concrete Constr. Co., 616 So.2d 960 (Fla. 1993)(crane);1 Smith v. Ryder Truck Rentals, Inc., 182 So.2d 422 (Fla.1966)(motor vehicle); see Sherrill v. Corbett Cranes Servs., Inc., 656 So.2d 181 (Fla. 5th DCA 1995); see also Caramico, 727 So.2d at 348; M......
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Sherrill v. Corbett Cranes Services, Inc., No. 94-81
...Morales v. Ryder Truck Rental, 559 So.2d 317 (Fla. 3d DCA), review denied, 574 So.2d 142 (Fla.1990); Smith v. Ryder Truck Rentals, Inc., 182 So.2d 422 By contrast, in this case, by leasing both the crane and an operator to Foley, Corbett may have become either a subcontractor or an independ......
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Griffith v. Budget Rent-A-Car Systems, Inc., RENT-A-CAR
...shares the employer's workers' compensation immunity from suit by the employee for personal injuries. Smith v. Ryder Truck Rentals, Inc., 182 So.2d 422, 424 (Fla.1966); Sherrill v. Corbett Cranes Servs., Inc., 656 So.2d 181, 183 (Fla. 5th DCA 1995); Morales v. Ryder Truck Rental, 559 So.2d ......