JAMIESE GABRIEL JOHNSON
v.
ALL CONSTRUCTION RESOURCES, INC.
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An employer cannot be held liable for an employee's tortious or criminal acts unless the acts were committed during the course of employment to further a purpose or interest of the employer.
[1] The question of whether an employee is acting within the course and scope of employment is a question of law when the underlying facts are not in dispute.
[2] An employee's conduct falls within the scope of employment only when: (1) the conduct is of the kind the employee is hired to perform; (2) the conduct occurs substantiall…
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Join FLexlaw to unlock all legal intelligence“The general rule is that an employer cannot be held liable for the tortious or criminal acts of an employee, unless they were committed during the course of the employment to further a purpose or interest . . . of the employer.”
Court's statement of controlling legal principle from Goss v. Human Services Assocs., Inc.
Jamiese Gabriel Johnson appealed a circuit court decision in a case against All Construction Resources, Inc. The appeal involves the question of emplo…
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PER CURIAM.
Third District Court of Appeal
State of Florida
Opinion filed January 10, 2024. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D22-1186 Lower Tribunal No. 20-26692 ________________ Jamiese Gabriel Johnson, Appellant, vs.
All Construction Resources, Inc., Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Valerie R. Manno Schurr, Judge. Feiler & Leach, P.L. and Martin E. Leach, for appellant. Alexander C. Annunziato, for appellee.
Before EMAS, FERNANDEZ and SCALES, JJ.
Affirmed. See Goss v. Human Services Assocs., Inc., 79 So. 3d 127, 132 (Fla. 5th DCA 2012) (“ ‘The general rule is that an employer cannot be held liable for the tortious or criminal acts of an employee, unless they were committed during the course of the employment to further a purpose or interest . . . of the employer.’ The question of whether an employee is acting within the course and scope of employment, where the facts are not in dispute, is that of law.”) (internal citations omitted)); Sussman v. Fla. East Coast Props., Inc., 557 So. 2d 74, 75-76 (Fla. 3d DCA 1990) (“The conduct of an employee is within the scope of his employment . . . only if the following three elements are satisfied: (1) the conduct is of the kind the employee is hired to perform, (2) the conduct occurs substantially within the time and space limits authorized or required by the work to be performed, and (3) the conduct is activated at least in part by a purpose to serve the master.”;).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Sussman v. Fla. E. Coast Props., Inc., 557 So. 2d 74 (Fla. 3d DCA 1990)
- Tacrian Goss v. Human Servs. Assocs., Inc., 79 So. 3d 127 (Fla. 5th DCA 2012)