Florida District Courts of Appeal, 1986

Gerena v. Carter

Florida District Courts of Appeal · Decided November 7, 1986 · Erlin, Hall, Lehan, Sand

496 So. 2d 1009; 11 Fla. L. Weekly 2339; 1986 Fla. App. LEXIS 10508 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

State v. Torres (Fla. Dist. Ct. App. 2011)
McPhaul v. State (Fla. Dist. Ct. App. 1986)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

This is an appeal by plaintiff, a passenger who was injured in an automobile accident, from a final judgment against the owner of the automobile. Liability of the owner was founded upon the dangerous instrumentality doctrine. We affirm.

As to one of the points on appeal, we cannot conclude under the facts of this case that the jury had no basis to find plaintiff seventy-five percent comparatively negligent for having knowingly ridden with an intoxicated driver. We have found no merit in the remaining points on appeal.

Affirmed.

LEHAN, A.C.J., and HALL and SAND-ERLIN, JJ., concur.

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