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Lewis v. Enterprise Leasing Co.10/5/2005
Before COPE, C.J., and GERSTEN and ROTHENBERG, JJ.
The appellants appeal from a final summary judgment in a declaratory judgment action, declaring that their claim against Enterprise Leasing Co. (Enterprise) for non-economic damages in their pending wrongful death suit is limited to $100,000.00 in the aggregate. We affirm.
Guerda Barthelemy died as the result of an automobile accident with Tatyana Yermak. Enterprise owned the car driven by Ms. Yermak. Ms. Yermak was driving the car with Enterprise's consent, under a lease agreement for a period of less than one year. Ms. Barthelemy's three surviving children, who are the co-personal representatives of the estate of Ms. Barthelemy, brought a wrongful death lawsuit against Enterprise and Ms. Yermak. The co-personal representatives sought a declaratory judgment that section 324.021(9)(b)(2), Florida Statutes (2004), entitles them to $300,000.00 because Ms. Barthelemy left three survivors. They moved for summary judgment on the declaratory action and Enterprise cross-moved for summary judgment arguing that the co-personal representatives were limited to $100,000.00. The trial court found in favor of Enterprise, and this appeal follows.
Florida's dangerous instrumentality doctrine imposes strict vicarious liability upon motor vehicle owners when a non-owner, who is driving the vehicle with the owner's permission, negligently causes injury. See Hertz Corp. v. Jackson, 617 So. 2d 1051, 1052-53 (Fla. 1993). Florida is the only state which imposes strict vicarious liability against innocent motor vehicle owners who entrust their vehicles to another. Id. The legislature enacted section 324.021(9)(b), Florida Statutes, in order to limit such liability and to shift responsibility for damages arising out of motor vehicle accidents from innocent owners and lessors of motor vehicles to those at fault. See Sontay v. Avis Rent-A-Car Sys., Inc., 872 So. 2d 316, 319 (Fla. 4th DCA 2004)(quoting Enterprise Leasing Co. S. Cent. v. Hughes, 833 So. 2d 832, 839 (Fla. 1st DCA 2002)); see also Fla. H.R. Comm. on Judiciary HB 775 (1999), Staff Analysis (final June 2, 1999) at 21 (stating that the legislative intent of the bill which amended section 324.021 included the goals of reducing payments by innocent third parties and shifting emphasis toward responsibility based upon fault). Section 324.021(9)(b) provides, in part:
The lessor, under an agreement to rent or lease a motor vehicle for a period of less than 1 year, shall be deemed the owner of the motor vehicle for the purpose of determining liability for the operation of the vehicle or the acts of the operator in connection therewith only up to $100,000 per person and up to $300,000 per incident for bodily injury and up to $50,000 for property damage.
The appellants argue that we must interpret "per person" under the statute to mean "per claimant," rather than "per bodily injured person." In support of this argument, the appellants rely on St. Mary's Hospital v. Phillipe, 769 So. 2d 961 (Fla. 2000), in which the Florida Supreme Court interpreted the $250,000.00 non-economic damages cap in section 766.207(7)(b), Florida Statutes (2004), one of the arbitration provisions of the Medical Malpractice Act, to apply separately to each wrongful death beneficiary, rather than in the aggregate to all claimants.
However, section 766.207(7)(b) uses different language and serves a different purpose than section 324.021(9)(b), and the two sections are distinguishable. One distinguishing factor is that section 766.207(7)(b) contains an ambiguity not present in section 324.021(9)(b), as it provides for a $250,000.00 maximum per incident, but then describes how damages are to b
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