MARY G. DRINNENBERG, TAMMY DRINNENBERG, A MINOR, BY AND THROUGH HER MOTHER AND NATURAL GUARDIAN, MARY G. DRINNENBERG, AND MORRIS DRINNENBERG, APPELLANTS,
v.
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, APPELLEE
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This case involves a personal injury action arising from an automobile accident between a state employee's pickup truck and the plaintiff's vehicle. The trial court granted summary judgment to the State, finding the employee was not acting within the scope of employment at the time of the accident. The appellate court reversed, holding that genuine issues of material fact existed regarding whether the employee had returned to the scope of employment after a personal detour.
Summary judgment was inappropriate because genuine issues of material fact existed regarding whether Brown had reentered the scope of his employment after the personal deviation. The court cannot decide scope of employment issues as a matter of law when the relevant facts and inferences are not completely settled.
[1] An employee who deviates from their employment to engage in a personal errand is not within the scope of employment if an accident occurs before they return to the course…
[2] Whether an employee has reentered the scope of employment after a deviation is a question of fact for the jury unless the facts are completely settled and lead to only on…
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Join FLexlaw to unlock all legal intelligence“an employee who deviates from his employment to engage in a personal errand is not within the scope of his employment if an accident occurs before he returns to the course he was pursuing in the interest of his employer”
States the general Florida rule on scope of employment and personal deviations
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Join FLexlaw to unlock all legal intelligenceDavid Lee Brown, a state engineering technician, was given permission to use a state pickup truck to and from work and during work. On the day of the …
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LEHAN, Judge.
Plaintiffs in this personal injury case appeal from a summary judgment granted by the trial court in favor of the state of Florida. The injuries to plaintiffs are alleged to have resulted from an automobile accident in which a pickup truck owned by the state and driven by David Lee Brown, a state employee, collided with a car which was driven by plaintiff, Mary G. Drinnen-berg, and in which plaintiff Tammy Drin-nenberg was a passenger. The apparent basis for the summary judgment was that Brown was not acting in the scope of his employment at the time of the accident.
Brown had been given permission to use the truck to and from work as well as during work. Prior to the accident he had left his office, where he worked as an engineering technician for the state, and had driven to a shopping mall for personal reasons. He testified that he then intended to drive to a job site where he also worked for the state. However, the route he took was not only not the most direct route to the job site but appears to have been a substantial deviation from the most direct route. There is no explanation in the record as to why he did not take the most direct, or a more direct, route. He testified on deposition that he made no personal stops after leaving the shopping mall and that he intended to stop by the job site on his way home. The accident occurred about 3:80 p.m. Brown’s working hours were from 7:00 a.m. to 3:30 p.m.
The issue is whether Brown was acting within the scope of his employment at the time of the accident. See section 768.28(9)(a), Florida Statutes (1981). Apparently Brown deviated from the scope of his employment when he went to the mall. There would be, nonetheless, an issue of fact as to whether he thereafter reentered the scope of his employment after departing from the mall. The general rule in Florida is that an employee who deviates from his employment to engage in a personal errand is not within the scope of his employment if an accident occurs before he returns to the course he was pursuing in the interest of his employer. See Maroney v. Edward A. Kelly & Sons, Inc., 195 So. 2d 208 (Fla.1967). “Concerning scope of employment, only where the facts are completely settled and the inferences to be drawn from the facts lead to but one conclusion can it be said that the issue is one which may be decided by the court as a matter of law_ Relevant facts and inferences concerning scope of employment may deal with ... was there a return to the employer’s business after the deviation and before the act at issue was committed....” Burroughs Corp. v. American Druggists’ Insurance Co., 450 So. 2d 540, 544 (Fla. 2d DCA 1984).
Accordingly, entry of summary judgment was erroneous.
Reversed and remanded for proceedings consistent herewith.
DANAHY, A.C.J., and FRANK, J., concur.
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Ford v. Fla. Dep't OF Transp. & Gilton Siqueira, 855 So. 2d 264 (Fla. 4th DCA 2003)…who deviates from his employment to engage in a personal errand is not within the scope of his employment if an accident occurs before he returns to the course he was pursuing in the interest of his employer.” Drinnenberg v. State, Dep’t of Transp., 481 So. 2d 51, 52 (Fla. 2d DCA 1985)(emphasis added). In this case, the record shows that the employee deviated from the scope of his employment to travel to a park for his son’s soccer game. However, a question of fact remains as to whether, at the time of the…
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City OF Lakeland & Alexsis Risk Mgmt. v. Schiel, 687 So. 2d 1323 (Fla. 1st DCA 1997)…egoing facts we hold that claimant was on a personal errand at the time of his injury and was not acting within the course or scope of his employment or discharging the duties of a law enforcement officer. See Drinnenberg v. State, Dep’t of Transp., 481 So. 2d 51 (Fla. 2d DCA 1985)(employee who deviates from his employment to engage in a personal errand is not within the scope or his employment if an accident occurs before he returns to the course he was pursuing in the interest of the employer). Here, the m…
Authorities Cited
- Burroughs Corp. & Emp'rs Ins. of Wausau v. Am. Druggists' Ins. Co., 450 So. 2d 540 (Fla. 2d DCA 1984)
- Maroney v. Edward A. Kelly & Sons, Inc., 195 So. 2d 208 (Fla. 1967)