In 2017, the Florida Legislature sought to regulate “Transportation Network Companies,” (TNCs), like Uber and Lyft, by passing section 627.748, Florida Statutes (2017) (TNC Statute). As discussed in more detail below, the TNC Statute generally shelters TNCs from vicarious liability for drivers’ actions if certain conditions are met. Florida’s Third District Court of Appeal recently issued the first state appellate ruling, confirming the protections afforded to TNCs under this Statute. See Abner v. Lyft Fla., Inc., No. 3D24-0479, 2025 WL 2969993 (Fla. Dist. Ct. App. Oct. 22, 2025). The Abner court agreed with the reasoning of the trial court and affirmed summary judgment for Lyft on a claim of vicarious liability under the TNC Statute, as well as a claim of negligent hiring and retention of the driver.
The case stemmed from a July 5, 2017, accident where a car driven by Rolando Cepero collided with a motorcycle driven by Dexter Franklin. At the time of the accident, Cepero was a ride-share contractor for Lyft providing a ride requested by a passenger through the Lyft platform. Plaintiff Natasha Abner, individually and as Franklin’s Guardian, sued Lyft claiming it was vicariously liable as Cepero’s “employer.” With her other claim, Abner also alleged Lyft negligently hired and retained Cepero. Lyft moved for summary judgment based on the TNC Statute, which went into effect just before the accident took place. The trial court granted summary judgment and Abner appealed.