On February 21, 2017, in Depriest v. Greeson, No. 1D16-0807, the Florida First DCA was presented with the question whether in the gap between a decedent’s death and the appointment of a personal representative, Florida’s dangerous instrumentality doctrine makes the estate vicariously liable for damages that the decedent’s child allegedly caused while driving the decedent’s car. The trial court had granted summary judgment to the estate on the grounds that estate was not the title holder to the vehicle at the time of the accident. The First DCA rejected this analysis, concluding that the car became an asset of the estate at the moment of the decedent’s death, but upheld the summary judgment on the specific facts of the case.
Read more . . .