State Farm Fire & Casualty Co. v. B & F Marine, Inc.
State Farm Fire & Casualty Co. v. B & F Marine, Inc.
Opinion of the Court
This is an appeal from a final summary judgment entered in favor of the defendant B & F Marine, Inc., a boat repair company, in a negligence action arising out of a bailment. The plaintiff State Farm Fire & Casualty Company became subrogated to the rights of its insured boat owner and brought the instant suit claiming negligence by the defendant when the insured’s boat was stolen while in the defendant’s possession for certain repairs.
We reverse the final summary judgment under review and remand for further proceedings upon a holding that (a) a jury question is presented on this record as to whether the defendant, as a bailee of the subject boat, was guilty of negligence with respect to the subject boat theft, Adelman v. M & S Welding Shop, Inc., 105 So.2d 802 (Fla. 3d DCA 1958), and (b) the exculpatory clause contained in the boat repair contract/order entered into by the parties in which the insured boat owner agreed not to hold the defendant liable “for loss or damage caused by theft, fire, or any
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.