State Farm Fire & Casualty Co. v. Bill Ussery Motors, Inc.
Docket: No. 94-2048
Court: District Court of Appeal of Florida; April 12, 1995; Florida; State Appellate Court
State Farm Fire and Casualty Company, as subrogee of Luis and Susan Bulas, appeals the trial court’s summary judgment in favor of Bill Ussery Motors Inc. The Bulas had taken their Mercedes Benz to Bill Ussery for maintenance, where it was parked in a lot used by the dealership. During servicing, two armed women approached the technician and stole the vehicle. State Farm paid the Bulas' insurance claim and subsequently sued Bill Ussery for negligent bailment. Bill Ussery contended that the vehicle's theft was due to an intervening criminal act, absolving him of negligence. The court affirmed the summary judgment, stating that a bailee is not an insurer of the bailed property and is liable only for negligence in the care of that property. The court concluded that Bill Ussery did not breach the required duty of care, as the theft was solely due to the armed robbery, a criminal act outside the control of the bailee. The court distinguished this case from Aetna Casualty v. Pappagallo Restaurant, noting that there was undisputed evidence detailing the theft's occurrence, unlike in Aetna where no witnesses could describe the event. The trial court's decision to grant summary judgment was upheld.