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HomeMy WebLinkAbout0199 j l~ailment for mutual be~efit, liniform Commercial Cale, Article 2, sales warranties usually have not been re~;arded as directly applicable to bailments or chattel ~eA4P transactions, but courts in some cases E have applied sales warranties by analogy to chattel lease transactions. The bailrnent involved in the case sub judice was not similai- to a saie and we see no reason to extend Uniform Commercial Code warran- ties to this type of bailment. We~affirm the action of the trial court in dismissing count three of the complaint. Count four is a negligence count agains~ defendant Sunrise whi~h reiterates the factual situation ~set forth in count thr~e and ~4leges several negligent acts and omissions on the part of defendant Sunrise, incliiding allegation~ that Sunrise negli~ently intermingled 6.0 inch rims with 6. 5 inch rims on the 19b8 Ford truck and ordered ~ 900 x 20 tires installed therean although ~unrise knew or shc~uld have known that tires of this size were not swtable for mounting or_ 6. 0 inch rims and that Sunrise negligently failed to warn plaintiffs of the danger inherent in maunting 900 x 20 tires on the 6.0 inch rims on the truck. Causal connection bc:tween the negligence char~ed and the injury to plaintiffs is asserted. We find that count four ssfficiently sta*ed a iau~e of action in negligence againsC defenda~t Sunrise and ; ~ ~ that dismissal of count fo~r by the trial court was error. ~ ~ ~ [n count five plaintiffs i3ase their claim against ~=ord and ( Ei ! S ! t ~ 5. "T~he type of bailment with which we are concerned here has been ~ classified as a bailment locatio operis faciendi, or hirir.g of work or ~ labor upon a thing. 8 Am. jur. ?d, Bailments § 5 a* 419 and § 155 at 1048. ~ ~ ~ 6. Florida has applied the Uniform Comm°rcial Code, Article 2~ ° warranty provisions by analogy to a chattel lease bailment where it ; ' was alleged that the lessee relied on the lessor's slcill or judgmen~ , to furnish a suitable chattel. ~'V. E, johnson ~quipment Co. a L'nited Airlir.es, Inc. , 238 So. 2d 98 (Fla. 1970). ' ; ~ ~ . ; 5 _6_ t 3 ~ { f ~ ~ ~ ~ e 5 ~ ~ z BDOK ~J~ PACE ~,a~ ~ ~ G h & ~ ~ ;7 - _ - a: ~a: - - _ . , . _ . . , . . . , .