Watson v. BROWNING FERRIS INDUSTRIES OF FLA., INC., 4D02-2568.

• Decision Date: 30 April 2003
• Docket Number: No. 4D02-2568.,4D02-2568.
• Citation: 843 So.2d 976
• Parties: Donald WATSON, Appellant, v. BROWNING FERRIS INDUSTRIES OF FLORIDA, INC., a Delaware corporation, BFI Waste Systems of North America, Inc., a Delaware corporation and Browning Ferris Industries, Inc., a Texas corporation, Appellees.
• Court: Florida District Court of Appeals

843 So.2d 976

Donald WATSON, Appellant, v. BROWNING FERRIS INDUSTRIES OF FLORIDA, INC., a Delaware corporation, BFI Waste Systems of North America, Inc., a Delaware corporation and Browning Ferris Industries, Inc., a Texas corporation, Appellees.

No. 4D02-2568.

District Court of Appeal of Florida, Fourth District.

April 30, 2003.

Richard A. Barnett of Richard A. Barnett, P.A., Hollywood and Gerald Lefebvre of Law Office of Gerald Lefebvre, Okeechobee, for appellant.

William G. Edwards of Marlow, Connell, Valerius, Abrams, Adler & Newman, Miami, for appellees.

SHAHOOD, J.

Appellant, Donald Watson (Watson), filed this negligence action against Browning Ferris Industries of Florida, Inc. (BF Fla.), BFI Waste Systems of North America, Inc. (BFI), and Browning Ferris Industries, Inc. (BF Industries) seeking damages for injuries he sustained on July 30, 1998, while working as a day laborer for BFI. Watson alleged that the driver of the BFI garbage truck to which he was assigned negligently operated the truck, causing it to run over Watson, and inflicting severe injury.

At issue in this appeal is whether the truck which was involved in the accident was titled to BF Fla. at the time of the accident such that BF Fla. would be liable as a matter of law based on Florida's Dangerous Instrumentality Doctrine.¹ The record shows that title to the truck was issued to BF Fla. on September 30, 1994. On September 30, 1997, BF Fla. executed an internal corporate resolution purporting to transfer title to the truck, as well as other assets, to BFI. The records of the Florida Department of Motor Vehicles do not reflect a change, however, until December 1998 or January 1999. The trial court found,

Title to the truck in question shows a name change from [BF Fla.] to [BFI] on December 22, 1998. However, [BFI] was the beneficial owner of the truck as a result of a transfer of all assets of [BF Fla.] to [BFI] in 1997. Both [BFI] and [BF Fla.] are wholly owned subsidiaries of [BF Industries].

The Court concludes that [BF Fla.] is not liable as owner of the vehicle under the doctrine of dangerous instrumentality. See Smith v. Ryder Truck Rentals, Inc., 182 So.2d 422 [ (Fla.1966)

].

It is not disputed that, at the time of the accident, the truck was titled to BF Fla. Appellees argue, however, that due to the resolution which transferred the assets internally from BF Fla. to BFI, BF Fla. is no longer liable for negligence involving the truck because BFI was the beneficial owner of the truck at the time of the accident.

Smith, upon which the trial court relied, addressed the issue of whether the lessor from whom the employer leased the motorcycle could be held liable under the dangerous instrumentality doctrine for injuries caused by the negligence of an employee. The court held that the lessor shared the employer's workers' compensation immunity and was...