Sun First National Bank of Melbourne v. Batchelor

As pointed out in the majority opinion, the question on this appeal is whether the cause of action alleged in appellant’s amended complaint falls within the ambit of § 768.041(1), F.S. 1973.

Appellant’s primary argument is that § 768.041(1), F.S. 1973, saves appellant’s cause of action against appellees, and I agree. The divergence of opinion as to applicability of the statute results from differing interpretations of the following phrase contained in the statute: “property damage to any person.” Certainly, in the field of automobile negligence litigation the term “property damage” clearly…