Sharon Degnan, of our Orlando office, obtained an affirmance of a trial court’s order granting a Motion to Dismiss with prejudice in Lewin v. Bourak, 322 So. 3d 1231 (Fla. 3d DCA 2021), which involved a third party property damage case. Our client gave a tow-truck company possession of their Bentley to take it to a repair shop. While the tow-truck driver was lowering the vehicle off the truck, the client’s Bentley somehow rolled off and smashed Plaintiff’s Rolls Royce. We moved to dismiss arguing that the vehicle was not a dangerous instrumentality, and therefore, our client could not be held vicariously liable for the alleged negligence of the tow-truck driver. The judge granted our Motion and dismissed Plaintiff’s claim with prejudice. Plaintiff sought a rehearing on the order. At the second hearing, the judge reaffirmed her prior ruling and ordered the case would remain dismissed with prejudice, which led Plaintiff to file his appeal. On appeal, Sharon argued that Plaintiff’s claim was premised on an invalid legal theory and that amendment of the complaint would have been futile. She prepared such a well written and convincing brief that the Third District decided the case without the need for oral argument. They issued a written opinion affirming the trial court’s dismissal with prejudice and confirmed “that a vehicle on a tow truck is not a dangerous instrumentality while it is under the exclusive control of the tow-truck driver.”