Legal Opinion

Samuel M. Depriest and Dorothy Depriest v. Richard Greeson, as Personal etc.

District Court of Appeal of Florida

Decided February 21, 2017No. CASE NO. 1D16-0807PublishedCited by 7 opinions

1Opinion of the CourtKelsey, J.

In the gap between a decedent’s death and the appointment of a personal representative, does Florida’s dangerous instrumentality doctrine make the estate vicariously liable for damages that the decedent’s child allegedly caused while driving the decedent’s car? On the specific facts presented here, which are undisputed, the trial court concluded that the estate is not liable, and granted summary judgment in favor of the personal representative. On these facts, but on reasoning different from that articulated in the final judgment, we affirm.

Use of Decedent’s Car

Decedent and his wife lived…

2Cases cited14 opinions

  1. Dade Cty. Sch. Bd. v. Radio Station WQBASupreme Court of Florida · 1999
  2. Southern Cotton Oil Co. v. AndersonSupreme Court of Florida · 1920
  3. Aurbach v. GallinaSupreme Court of Florida · 2000
  4. Hertz Corp. v. JacksonSupreme Court of Florida · 1993
  5. Robert Blechman and Cathy Blechman Chermak v. Estate of Bertram BlechmanDistrict Court of Appeal of Florida · 2015

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3Cited by7 opinions

  1. Odette Blanco De Fernandez v. Seaboard Marine Ltd.Court of Appeals for the Eleventh Circuit · 2025
  2. Allstate Fire and Casualty Insurance Company v. David W. Schroeder, as Personal Representative of the Estate of Gail S. Schnell, and Susana AlcalaDistrict Court of Appeal of Florida · 2025
  3. De Fernandez v. CMA CGM S.A.District Court, S.D. Florida · 2023
  4. De Fernandez v. Seaboard Marine LtdDistrict Court, S.D. Florida · 2021
  5. De Fernandez v. Seaboard Marine LtdDistrict Court, S.D. Florida · 2021

2 more not listed; retrieve them via the Exa API.

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