Background
Kenneth McAllister alleged that Alexander Marquina struck him while McAllister was riding an electric scooter. Marquina was driving a vehicle owned by Lauderdale BMW, which had provided it as a temporary loaner while servicing the car Marquina leased from the dealership.
McAllister sued Marquina for negligence and Lauderdale BMW under Florida’s dangerous instrumentality doctrine. The dealership sought summary judgment, asserting immunity under the federal Graves Amendment and section 324.021(9)(c)3., Florida Statutes. The undisputed evidence showed that Marquina signed a written loaner agreement, provided current driver-license and insurance information, and paid for tires and installation on his leased vehicle.
The Court’s Holding
The Fourth District affirmed summary judgment for Lauderdale BMW. It held that the loaner arrangement was a rental or lease protected by the Graves Amendment because the dealership received consideration, including the opportunity to service Marquina’s vehicle, payment for the tires and installation, and the obligations set out in the written agreement.
The court also held that section 324.021(9)(c)3. independently immunized the dealership from vicarious liability. Lauderdale BMW provided a temporary replacement vehicle to a service customer and obtained Marquina’s driver-license and insurance information before generating the written agreement. The statute did not require the dealership to retain photocopies of the physical documents.
Key Takeaways
- A dealership may receive sufficient consideration for a temporary loaner to qualify as a rental or lease under the Graves Amendment.
- Florida’s temporary-replacement-vehicle statute independently bars liability based solely on dealership ownership when its conditions are met.
- Obtaining and recording driver-license and insurance information satisfied the statute even though the dealership did not keep physical copies.
Why It Matters
The decision confirms that Florida dealerships can obtain federal and state protection from dangerous-instrumentality liability for temporary loaners supplied during service. Written loaner agreements and documented collection of current license and insurance information are central to that protection.