Ditchmen • NUCA of Florida Ditchmen • April 2018 | Page 13

Does the “Dangerous Instrumentality”
Doctrine Apply to Heavy Equipment
On April 4, the Florida Supreme Court heard arguments in two “dangerous instrumentality”
cases, including a dispute stemming from a jobsite accident that severed a man’s finger. The
man, Anthony Newton, sued Caterpillar Financial Services Corp., which leased equipment
known as a “multi-terrain loader” to a hauling company. Newton’s finger was severed in an
accident involving the loader, and he alleged vicarious liability by Caterpillar because the loader
was a “dangerous instrumentality.” Lower courts ruled against Newton, leading him to take the
issue to the Supreme Court.
State Seeks Answers on Workers’ Comp Market
The state Department of Financial Services announced Wednesday it intends to pay $195,000
to the Workers Compensation Research Institute to study how Florida’s workers’ compensation
insurance market is performing compared to other states.
APRIL 2018 • DITCHMEN
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