Martin v. United Sec. Services, Inc., KK-165
| Decision Date | 09 August 1979 |
| Docket Number | No. KK-165,KK-165 |
| Parties | Beverly C. MARTIN, as Administratrix of the Estate of Joyce Chesworth Atchley, Appellant, v. UNITED SECURITY SERVICES, INC., Appellee. |
| Court | Florida District Court of Appeals |
Charles P. Pillans, III of Bedell, Bedell, Dittmar & Zehmer, Jacksonville, for appellant.
Marion R. Shepard of Mathews, Osborne, Ehrlich, McNatt, Gobelman & Cobb, Jacksonville, for appellee.
The question on this appeal is whether the court erred in granting summary judgment in favor of appellee as to Count Two of the complaint. Count One alleged negligence on the part of appellee in the employment of a security guard. Count Two sought to impose liability upon the grounds that the security guard was acting within the scope of his employment at the time he raped and killed appellant's decedent. The trial court granted summary judgment as to Count Two, finding there was no genuine issue of material fact and that the appellee's security guard at the time was not acting within the scope of his employment. We agree with the trial court and affirm.
The record reveals that appellee's employee, a security guard, originally went to the home of appellant's decedent, Joyce Atchley, to call his employer and ask why the relief guard had not yet arrived at the apartment complex to which he was assigned. He then left Atchley's home, but returned a few moments later to call his wife and tell her he was delayed. It was at this point that the rape and murder took place. The employee, Turner, was subsequently convicted of second degree murder and sentenced for the offenses.
On this record, we have no difficulty in finding that the employee had "stepped away" from appellee's business at the time of the criminal attack upon Atchley. See Weiss v. Jacobson, 62 So.2d 904 (Fla.1953); Reina v. Metropolitan Dade County, 285 So.2d 648 (Fla. 3rd DCA 1973), cert. discharged 304 So.2d 101 (Fla.1974). It seems clear that the attack upon Atchley was unrelated to the employee's duties as a guard and that the motive for the attack was the furtherance of the employee's interests, not appellees. In these circumstances, the master cannot be held liable for the servant's acts. See Green Cove Springs v. Donaldson, 384 F.2d 197 (5th Cir. 1965).
AFFIRMED.
I concur in the opinion of the majority solely on the basis of the...
To continue reading
Request your trial
-
Nazareth v. Herndon Ambulance Service, Inc.
...383 So.2d 274 (Fla. 3d DCA 1980); Lay v. Roux Laboratories, Inc., 379 So.2d 451, (Fla. 1st DCA 1980); Martin v. United Securities Services, Inc., 373 So.2d 720 (Fla. 1st DCA 1979); Andrews v. Norvell, 65 Ga.App. 241, 15 S.E.2d 808 (1941); W. Prosser, Torts, § 70 at 464, 465 (4th ed. However......
-
Sunshine Sec. & Detective Agency v. Wells Fargo Armored Services Corp.
...Jacobson, 62 So.2d 904 (Fla.1973); Johnson v. Gulf Life Insurance Co., 429 So.2d 744 (Fla. 3d DCA 1983); Martin v. United Security Services, Inc., 373 So.2d 720 (Fla. 1st DCA 1979); Reina v. Metropolitan Dade County, 285 So.2d 648 (Fla. 3d DCA 1973), cert. discharged, 304 So.2d 101 (Fla.197......
-
Johnson v. Gulf Life Ins. Co.
...v. Jacobson, 62 So.2d 904 (Fla.1953); Lay v. Roux Laboratories, Inc., 379 So.2d 451 (Fla. 1st DCA 1980); Martin v. United Security Services, Inc., 373 So.2d 720 (Fla. 1st DCA 1979). Appellant points to numerous training documents, provided by appellee to its employees, in which the employee......
-
Doe v. Ft. Lauderdale Medical Center Management, Inc.
...has been noted. See Stone v. William M. Eisen Co., 219 N.Y. 205, 114 N.E. 44 (N.Y.1916); Martin v. United Security Services, Inc., 373 So.2d 720 (Fla. 1st DCA 1979) (Erwin, J., concurring specially); Nazareth v. Herndon Ambulance Service, Inc., 467 So.2d 1076, 1079 (Fla. 5th DCA), rev. deni......