McDowell v. Rodriguez

ON MOTION FOR REHEARING EN BANC

We grant rehearing, withdraw our prior opinion and substitute the following:

The issue in this ease concerns the application of the concept of indemnification as modified by the dangerous instrumentality doctrine in Florida. The operative facts are:

In 1993 Susan McDowell purchased a 1988 Cadillac from Boniface Hiers Buick, Inc. (Boniface). She had multiple problems with the vehicle and returned it. Boniface and McDowell agreed that she would trade the Cadillac in on a 1993 Buick. Although attempts by Boniface to obtain bank financing for McDowell proved…