In Thayer v. Randy Marion Chevrolet Buick Cadillac, LLC, the United States Court of Appeals for the Eleventh Circuit addressed claims brought by vehicular collision victim, Cindy Thayer, against automobile dealership, Randy Marion Chevrolet Buick Cadillac, LLC (“Randy Marion”), alleging vicarious liability under Florida’s dangerous instrumentality doctrine.
In affirming the United States District Court for the Middle District of Florida’s grant of summary judgment in favor of Randy Marion, the Eleventh Circuit reasoned that Randy Marion’s act of providing a temporary vehicle to the customer who collided with Thayer in return for the opportunity to service the customer’s car and receive payment constituted an exchange of consideration sufficient to classify the transaction as a “rental or lease.” Thus, the Graves Amendment, which serves to preempt the application of Florida’s dangerous instrumentality doctrine, shielded Randy Marion from any vicarious liability allegedly owed to Thayer.