Huie v. Wipperfurth

DIAMANTIS, Judge.

Patricia A. Huie, an employee of Ormond Pet and Kennel Club, appeals the trial court’s final summary judgment rendered in favor of Kurt Wipperfurth, the owner of a dog which bit Huie while it was boarded at the kennel for obedience training. The trial court concluded that the “repairman” or independent contractor exception to the dangerous instrumentality doctrine applied to bar Huie’s recovery. Because of applicable Florida Supreme Court precedent, we reluctantly conclude that the trial court erred in applying this common-law defense to an action brought under section…