Michael Balducci and Lillian Sharpe of the West Palm Beach office received a summary judgment in an ATV rollover case that occurred in a hunting camp when two teenagers jumped in the ATV and flipped it.  The plaintiff shattered his leg and sustained back injuries that allegedly will require surgery.

Michael and Lillian were able to show there was no vicarious liability as there was no express or implied consent to operate the vehicle by their client, who was in charge of the camp and had the right to use the vehicle, and may have even been a part owner as he contributed to its maintenance costs.

Plaintiff sought strict liability under a statute that makes it a violation to leave the keys in the ignition of an unattended motor vehicle, but Michael and Lillian were able to show that this particular off road vehicle did not qualify as a “motor vehicle” under the statute, and further, the fact that the incident occurred on private property precluded the application of the statute which was designed to protect members of the public on public highways.