Brandt Carlson (St. Petersburg, FL) (Appeal) This case concerned a motor vehicle accident between Ronnie Rondell and the son of Cuong Vi Diep. Daniel Romano, our client, was considering purchasing a 2002 Honda Accord for his daughter from Mr. Cuong Vi Diep, the vehicle’s registered owner. In anticipation of the purchase, Mr. Romano acquired insurance on the vehicle. In the interim, the accident happened.
On February 3, 2017, Rondell filed suit naming Romano and the Dieps alleging negligence. On August 24, 2020, we obtained a Summary Judgment dismissing Mr. Romano from the case due to the fact that he never actually purchased the vehicle.
On September 23, 2020, opposing counsel filed an appeal with the Second District Court of Appeal alleging the concept of beneficial ownership under Florida’s Dangerous Instrumentality Doctrine. On October 5, 2021, Vernis & Bowling argued that the Dangerous Instrumentality Doctrine did not apply because the purchase of the vehicle was never completed.
On January 5, 2022, the Second District Court of Appeal affirmed the Summary Judgment in favor of Mr. Romano via written opinion. The Judges affirmed in two parts: (1) the Beneficial Ownership under Florida’s Dangerous Instrumentality Doctrine did not apply because “Mr. Romano was only preparing, by obtaining insurance, to acquire the Honda—a future event that would never occur due to the accident.” And (2) “Because Beneficial Ownership under the Dangerous Instrumentality Doctrine applies when the owner of the vehicle denies ownership, the doctrine does not extend so far as to permit the accident victim to initiate its application.”