Comer v. Rodriguez

Plaintiffs, Donald and June Comer, appeal an adverse final summary judgment in favor of Merlin, Inc. and its liability insurer in this action for damages for injuries sustained as a result of the negligent operation of a vehicle owned by Merlin. The judgment was entered for the reason that the dangerous instrumentality doctrine is not applicable in this case.

Defendant-appellee, Merlin, Inc., contracted with Rowland Truck Equipment, Inc. to fabricate and mount a truck body to a truck chassis. The actual task of mounting the truck body to the chassis was assigned to Donald E. Comer and…