Rippy v. Shepard

The appellant, James Earl Rippy, appeals a final order granting a motion to dismiss his complaint against the appellee, James Shepard. The issue below and in the instant case is whether a farm tractor is a dangerous instrumentality. We find that it is not and affirm the order of dismissal.

Because the issue of whether a farm tractor is a dangerous instrumentality is one of law, we review the issue de novo. See Emerald Corr. Mgmt. v. Bay County Bd. of County Comm’rs, 955 So.2d 647, 651 (Fla. 1st DCA 2007).

The dangerous instrumentality doctrine finds its roots in the law of master and servant,…