Anthony Newton v. Caterpillar Financial Services Corporation

253 So. 3d 1054 (Fla. 2018) · Supreme Court of Florida · September 27, 2018 · No. SC17-67

Summary

The Florida Supreme Court held that loaders are dangerous instrumentalities as a matter of law under Florida’s dangerous instrumentality doctrine. It quashed the Second District Court of Appeal’s decision and remanded with instructions to grant summary judgment for Anthony Newton. The majority also held that Newton’s status as an independent contractor did not exclude him from protection under the doctrine.

Holdings

  1. The court exercised jurisdiction under article V, section 3(b)(3), of the Florida Constitution.
  2. A loader is a dangerous instrumentality as a matter of law under Florida's dangerous instrumentality doctrine.
  3. An injured independent contractor is not excluded from protection under the dangerous instrumentality doctrine.

Questions Presented

  1. Whether a loader is a dangerous instrumentality under Florida's dangerous instrumentality doctrine.
  2. Whether Newton's status as an independent contractor excluded him from protection under the dangerous instrumentality doctrine.
  3. Whether the Florida Supreme Court had jurisdiction based on express and direct conflict.

Disposition

quashed

Cases Cited (19)

  • Newton v. Caterpillar Financial Services Corp., 209 So. 3d 612 (Fla. 2d DCA 2016)(quashed)
  • Rippy v. Shepard, 80 So. 3d 305 (Fla. 2012)(followed)
  • Meister v. Fisher, 462 So. 2d 1071 (Fla. 1984)(followed)
  • S. Cotton Oil Co. v. Anderson, 86 So. 629 (Fla. 1920)(followed)
  • Aurbach v. Gallina, 753 So. 2d 60 (Fla. 2000)(followed)
  • D’Angelo v. Fitzmaurice, 863 So. 2d 311 (Fla. 2003)(followed)
  • Sherrill v. Corbett Cranes Servs., 656 So. 2d 181 (Fla. 5th DCA 1995)(relied on for jurisdiction)
  • Lewis v. Sims Crane Serv. Inc., 498 So. 2d 573 (Fla. 3d DCA 1986)(relied on for jurisdiction)
  • Eagle Stevedores, Inc. v. Thomas, 145 So. 2d 551 (Fla. 3d DCA 1962)(relied on for jurisdiction)
  • N. Trust Bank of Fla., N.A. v. Constr. Equip. Int'l, 587 So. 2d 502 (Fla. 3d DCA 1991)(followed)

Showing top 10 of 19.

Cited In (0)

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