About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

Case Citations [i] (Fall 2023)

handle is hein.ali/relagcy0139 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Fall 2023 Citations AGENCY CHAPTER 7. LIABILITY OF PRINCIPAL TO THIRD PERSON; TORTS TOPIC 2. LIABILITY FOR AUTHORIZED CONDUCT OR CONDUCT INCIDENTAL THERETO TITLE B. TORTS OF SERVANTS USE OF INSTRUMENTALITIES BY SERVANTS § 238. Instrumentalities Not Used in Employment Fla.App.2022. Com. (d) quot. in sup. After motorist assaulted his girlfriend and, in the process of fleeing from the scene in his mother's vehicle, struck pedestrian who was responding to the assault, pedestrian sued motorist and his mother, alleging, among other things, that mother negligently entrusted the vehicle to motorist and was vicariously liable for his actions under the dangerous-instrumentality doctrine. The trial court granted summary judgment for mother. This court reversed and remanded for a determination as to whether motorist intentionally weaponized mother's vehicle with the intent to cause harm, and whether mother could have foreseen such a use. The court cited Restatement of Agency § 238 in reasoning that weapon-like use of a motor vehicle would not give rise to liability under the dangerous-instrumentality doctrine unless the weaponization of the vehicle was foreseeable. Sager v. Blanco, 351 So.3d 1129, 1135. COPYRIGHT ©2023 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most