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Harding v. Allen-Laux, Inc.

District Court of Appeal of Florida, Second District
Apr 4, 1990
559 So. 2d 107 (Fla. Dist. Ct. App. 1990)

Summary

holding that a forklift is a dangerous instrumentality

Summary of this case from Rippy v. Shepard

Opinion

No. 89-01406.

April 4, 1990.

Appeal from the Circuit Court, Manatee County, Scott M. Brownell, J.

Kevin P. Bailey of Hill Ponton, P.A., Orlando, for appellants.

Victoria H. Pflug and Claire L. Hamner of Dickinson, O'Riorden, Gibbons, Quale, Shields Carlton, P.A., Sarasota, for appellees.


The plaintiffs, Mr. and Mrs. Harding, appeal a final summary judgment in favor of one defendant, Allen-Laux, Inc., d/b/a Taylor Rental Center. The summary judgment determined that Taylor Rental could not be liable under the dangerous instrumentality doctrine for injuries caused by a forklift which was owned by Taylor Rental and operated by a lessee's employee on a public highway. We reverse and hold that this forklift is a dangerous instrumentality under the facts of this case.

On October 8, 1986, Mr. Harding was driving his car when he was involved in a two-vehicle collision on State Road 43 in Manatee County, Florida. The other vehicle was a 16,000-pound forklift, or "liftit," with tires similar to tractor tires. Alice Albritton was operating the forklift. She was employed as a crew chief and forklift driver by Charles Hilyer, d/b/a Hilyer Sod Farms. Hilyer Sod was installing sod along the edge of the state road. In order to install the sod, Hilyer Sod had a sizable crew, including several persons to direct traffic. The forklift was used to move pallets of sod at the job site. Thus, the forklift was often operated on the roadway in this work zone.

Hilyer Sod did not own the forklift. Hilyer Sod rented the vehicle from Taylor Rental Center, which was in the business of renting construction equipment. Taylor Rental did not provide the driver, and thus knew that an employee of Hilyer Sod would necessarily operate the forklift.

If an owner of a golf cart is liable under Florida's dangerous instrumentality doctrine for the golf cart's operation on a golf course by a lessee, Meister v. Fisher, 462 So.2d 1071 (Fla. 1984), surely the owner of this larger, four-wheel vehicle with protruding steel tusks is liable under this doctrine for its operation on a public highway by a lessee. The courts of Florida have applied this doctrine to other types of heavy equipment on job sites. Scott Jobalia Constr. Co. v. Halifax Paving, Inc., 538 So.2d 76 (Fla. 5th DCA), jurisdiction accepted, 544 So.2d 199 (Fla. 1989) (crane); Eagle Stevedores, Inc. v. Thomas, 145 So.2d 551 (Fla. 3d DCA 1962) (tow motor).

In a strict construction of a criminal statute, this court has held that a backhoe is not a conveyance because it is "special mobile equipment" and not a "motor vehicle" within the definitions of chapter 316 of the Florida Statutes concerning traffic control. M.J.S. v. State, 453 So.2d 870 (Fla. 2d DCA 1984). See §§ 316.003(21), 316.003(49), Fla. Stat. (1985). Assuming that this forklift is "special mobile equipment" for the purposes of chapter 316, it is still unquestionably a large vehicle powered by a motor and requiring skilled operation.

The legal rules of liability for the authorized use of peculiarly dangerous instrumentalities are especially applicable to the negligent operation on the public highways of motor vehicles whose weight, speed, and mechanism render the negligent or inefficient use of them perilous to the public, who have a right to travel the highways without being subjected to undue dangers of injury by others.
Southern Cotton Oil Co. v. Anderson, 80 Fla. 441, 450, 86 So. 629, 638 (1920) (on petition for rehearing). See also Anderson v. Southern Cotton Oil Co., 73 Fla. 432, 74 So. 975 (1917).

For the purposes of the judicially created dangerous instrumentality doctrine, the various definitions of "motor vehicle" within the Florida Statutes are not dispositive. The doctrine is not necessarily invoked by any statutory definition of motor vehicle. Instead, it is invoked by a judicial decision that "an instrumentality of known qualities is so peculiarly dangerous in its operation as to" justify the doctrine. Southern Cotton Oil Co. v. Anderson, 80 Fla. 441, 450, 86 So. 629, 638 (1920) (on petition for rehearing).

Reversed and remanded.

PARKER, A.C.J., and PATTERSON, J., concur.


Summaries of

Harding v. Allen-Laux, Inc.

District Court of Appeal of Florida, Second District
Apr 4, 1990
559 So. 2d 107 (Fla. Dist. Ct. App. 1990)

holding that a forklift is a dangerous instrumentality

Summary of this case from Rippy v. Shepard

holding that a forklift is a dangerous instrumentality even though it is not statutorily a motor vehicle

Summary of this case from Rippy v. Shepard

holding that a forklift that was often operated along the edge of a state road was a dangerous instrumentality under the facts of the case

Summary of this case from Rippy v. Shepard

holding that a forklift is a dangerous instrumentality where it was involved in a collision with an automobile

Summary of this case from Newton v. Caterpillar Fin. Servs. Corp.

holding that, although it does not meet the statutory definition of a motor vehicle, a forklift is a dangerous instrumentality

Summary of this case from Rippy v. Shepard

holding that a forklift is a dangerous instrumentality though not a "motor vehicle"

Summary of this case from FESTIVAL FUN PARKS, LLC v. GOOCH

considering forklift involved in accident with a motor vehicle on public highway

Summary of this case from Newton v. Caterpillar Fin. Servs. Corp.

describing a forklift as a "large, four-wheel vehicle with protruding steel tusks"

Summary of this case from Newton v. Caterpillar Fin. Servs. Corp.

considering the fact that the forklift was operating on a public highway at the time

Summary of this case from Rippy v. Shepard

noting that a forklift is a large vehicle with “protruding steel tusks”

Summary of this case from Rippy v. Shepard

assuming that a fork-lift is "special mobile equipment" under the Florida definition

Summary of this case from Harvey v. State, Dept. of Transp

In Harding, the forklift was operated on a public highway and collided with an automobile driven by a member of the public.

Summary of this case from Newton v. Caterpillar Fin. Servs. Corp.

In Harding, the plaintiffs were operating their car when they were involved in a collision with a forklift on a public highway.

Summary of this case from Newton v. Caterpillar Fin. Servs. Corp.

considering forklift involved in accident with a motor vehicle on public highway

Summary of this case from Newton v. Caterpillar Fin. Servs. Corp.

describing a forklift as a "large, four-wheel vehicle with protruding steel tusks"

Summary of this case from Newton v. Caterpillar Fin. Servs. Corp.
Case details for

Harding v. Allen-Laux, Inc.

Case Details

Full title:DOUGLAS A. HARDING AND JANET E. HARDING, HIS WIFE, APPELLANTS, v…

Court:District Court of Appeal of Florida, Second District

Date published: Apr 4, 1990

Citations

559 So. 2d 107 (Fla. Dist. Ct. App. 1990)

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