Legal Opinion · Concurrence

Scott & Jobalia Construction Co. v. Halifax Paving, Inc. ex rel. United States Fidelity & Guaranty Co.

District Court of Appeal of Florida

Decided February 2, 1989No. 87-1052Published

1ConcurrenceCowart, Judge

A crane owner-lender should not be considered or found legally liable for injuries to a borrower-user's employee merely because of ownership of the crane that lifted the pipe that fell and injured the user’s employee. The ordinary crane has a peculiar dual character or duplicitous nature 1 — while traveling down a public road it is a motor vehicle and, as such, under Florida law it is a dangerous instrumentality and its owner is vicariously liable for injuries it causes when negligently operated by others with the owner’s consent. However, after the crane is no longer being operated as a…

2Cases cited2 opinions

  1. CRANE RENTAL OF ORLANDO v. HausmanDistrict Court of Appeal of Florida · 1987
  2. Crane Rental of Orlando, Inc. v. HausmanSupreme Court of Florida · 1988

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