Cherokee Enterprises, Inc. v. Rogers
Cherokee Enterprises, Inc. v. Rogers
Opinion of the Court
This case involves the vicarious liability of the owner of a motor vehicle for damages to a third party caused by the negligent operation of the vehicle by a thief who stole it from the owner’s bailee.
Appellee Susan Rogers, the owner, delivered possession of her automobile to one George Rose, as bailee, so that he could drive it a few days to determine if he wished to buy it. Later, after drinking alcoholic beverages with a stranger, the bailee passed out and the stranger stole the bailee’s wallet and the keys to the bailed automobile from the bailee’s pants pocket and then stole the automobile and negligently operated it and collided with and damaged appellant’s trenching machine. Appellant appeals a summary judgment entered in favor of the owner and her insurance company. We affirm.
Of course, appellee, as owner, would have been vicariously liable for damages caused by the negligent operation of her automobile by her bailee, Southern Cotton Oil Company v. Anderson, 80 Fla. 441, 86 So. 629 (1920). Appellee, as owner, would
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.