Ortiz v. Regalado, ___ So. 3d ___, 38 Fla. L. Weekly D502 (Fla. 2d DCA March 1, 2013)
[This is a companion case to Claudio v. Regalado, ___ So. 3d ___, 38 Fla. L. Weekly D498 (Fla. 2d DCA March 1, 2013), and reached the same result on the issue of contribution as that case.]
The father and son shared title to an automobile the son was driving when he was involved in a fatal accident. The father tried to cap his liability based upon Section 324.021(9)(b), Florida Statutes, which applies to a natural person who loans a motor vehicle to a permissive user. The court held that the statute is unambiguous and does not apply to co-owners. “An owner of an object can only loan that object to another who has no legal right to the object.” The court certified this as a question of great public importance to the Florida Supreme Court.