Everett Ford Co. v. Laney, 35139

Decision Date13 July 1966
Docket NumberNo. 35139,35139
Citation189 So.2d 877
PartiesEVERETT FORD COMPANY et al., Petitioners, v. Julia Marie LANEY et al., Respondents.
CourtFlorida Supreme Court

Robert D. Canada, of Hall, Hartwell, Hall & Canada, Tallahassee, for petitioners.

William H. Clark, of Harrell, Caro, Middlebrooks & Wiltshire, Pensacola, Patrick H. Mears, Tallahassee, and J. Franklin Garner, Lakeland, for respondents.

DREW, Justice.

The commission has affirmed an award of compensation for injuries to the claimant Laney in an accident suffered by her while driving her automobile.

The material uncontroverted facts are that claimant's employment, involving book-keeping that claimant's employment, involving bookkeeping irregular hours, for which reason she was furnished an office key. On the afternoon of the accident she was away from the office for a period of hours on a purely personal shopping mission, and had agreed to complete her work later in the day or evening. Upon returning in the late afternoon after office hours, she discovered while still in her car that she had forgotten her office key. She started driving home to get it and the collision occurred en route.

The order on the point in question is that 'the going and coming rule does not apply in this case. * * * She was engaged in a mission incidental to her employment.' The commission's affirmance cites Bowen v. Keen, 1944, 154 Fla. 161, 17 So.2d 706. The claimant's employment in that case involved many duties away from the employer's place of employment, and at the time of his injury he was en route from his home upon specific assignment to pick up his employer's truck before regular working hours. We think the single circumstance of irregular work hours is obviously insufficient to bring the claimant in this case within the rule in Bowen, the rationale of which is succinctly stated at page 709 of the opinion:

"* * * Service in extra hours or on special errands has an element of distinction which the employer may recognize by agreeing that such service shall commence when the employee leaves his home on the duty assigned to him and shall continue until his return. An agreement to that effect may be either express or be shown by the course of business. In such case the hazards of the journey may properly be regarded as hazards of the service, and hence within the purview of the Compensation Act." (Quoting Voehl v. Ind. Ins. Co., 288 U.S. 162, 53 S.Ct. 380, 77 L.Ed. 676, 87...

To continue reading

Request your trial
8 cases
  • Eady v. Medical Personnel Pool
    • United States
    • Florida Supreme Court
    • November 29, 1979
    ...normal hours and duties. The single circumstance of irregular hours is insufficient to award compensation. Everett Ford Company v. Laney, 189 So.2d 877 (Fla.1966). Therefore, absent other special circumstances, an employee with irregular hours cannot be considered to be on a special errand ......
  • Rodriguez v. Tri-State Carriers, Inc.
    • United States
    • Florida District Court of Appeals
    • September 4, 2001
    ...other cases made after leaving work to retrieve the employer's keys which they had inadvertently left at home. See Everett Ford Co. v. Laney, 189 So.2d 877, 878 (Fla.1966); D.C. Moore & Sons, 568 So.2d at 999 (reversing compensation award to dependents where "[d]ecedent was on a purely pers......
  • Robelo v. United Consumers Club, Inc., 88-788
    • United States
    • Florida District Court of Appeals
    • November 21, 1989
    ...unless the employee is on a special errand for the employer. Eady v. Medical Personnel Pool, 377 So.2d 693 (Fla.1979); Everett Ford Co. v. Laney, 189 So.2d 877 (Fla.1966); Foremost Dairies, Inc. of the South v. Godwin, 158 Fla. 245, 26 So.2d 773 (1946). Irregular hours alone are insufficien......
  • Nikko Gold Coast Cruises v. Gulliford
    • United States
    • Florida Supreme Court
    • April 5, 1984
    ...the operation of the nursery school as if she had forgotten her keys or any other paraphernalia of her employment. See Everett Ford Co. v. Laney, 189 So.2d 877 (Fla.1966). In addition, the claimant was not paid any additional salary for transporting the fees either in the form of overtime o......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT