Saudi Arabian Airlines Corp. v. Dunn, YY-451
| Decision Date | 02 April 1981 |
| Docket Number | No. YY-451,YY-451 |
| Citation | 395 So.2d 1295 |
| Parties | SAUDI ARABIAN AIRLINES CORPORATION, Appellant, v. Thomas Harrison DUNN, Jr., a minor, by and through his father and mother and next friends, Thomas Harrison Dunn and Sarah Bowers, and Thomas Harrison Dunn and Sarah Bowers, individually, Abdallah Ali Shihry, Hazza Saud Al-Faqeer, and Allstate Insurance Company, a corporation, Appellees. |
| Court | Florida District Court of Appeals |
James M. McLean of Rogers, Towers, Bailey, Jones & Gay, Jacksonville, for appellant.
William C. Gentry and Frank D. Upchurch, III, of Bedell, Bedell, Dittmar & Zehmer, P. A., and S. Grier Wells, Jacksonville, for appellees.
Appellant seeks review of a nonfinal order by which the lower court determined that it had personal jurisdiction over Appellant by virtue of the "long arm statute," Section 48.193(1)(b), Florida Statutes (1979). 1
The plaintiffs below alleged in their original complaint that one Hazza Saud Al-Faqeer negligently operated a motor vehicle on the public streets of Jacksonville, Florida, causing injury to the plaintiffs. Upon discovery of facts which led them to believe that Al-Faqeer was, at the time of the accident, an employee of Appellant and acting within the course and scope of such employment, plaintiffs amended their complaint by adding Appellant as a defendant and by adding allegations to the effect that Al-Faqeer was an employee of Appellant and at the time of the accident was acting within the course and scope of such employment. Thereafter, personal service of process was served upon Appellant under the above-cited statute.
Appellant filed a motion to abate, relying upon a previously-taken deposition of Al-Faqeer to show that while he was, indeed, an employee of Appellant, his sole purpose in being in Jacksonville at the time was to attend the University of North Florida to learn the English language and acquire American culture, and that the accident occurred at a time when he was driving a borrowed car back to the University after a personal shopping mission for the purchase of food.
The allegations of the amended complaint were clearly sufficient to charge Appellant with legal responsibility for its alleged employee's wrongful act while acting within the course and scope of his employment. Elmex Corporation v. Atlantic Federal Savings & Loan Association, 325 So.2d 58 (Fla. 4th DCA 1976). The Appellant's motion to abate for the lack of personal service, supported as it was by Al-Faqeer's deposition, failed to make a prima facie showing that Al-Faqeer was not acting within the course and scope of his employment at the time of the accident. Electro Engineering Products Co. v. Lewis, 352 So.2d 862 (Fla.1977), reh. denied. There are many...
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Saudi Arabian Airlines Corp. v. Dunn
...at the time of the accident" and accordingly affirmed the trial court's denial of the motion to abate. Saudi Arabian Airlines Corp. v. Dunn, 395 So.2d 1295, 1296 (Fla. 1st DCA 1981). Subsequently Al-Faqeer was terminated from Saudi because he was unreliable and was returned to Saudi Arabia.......
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Schwartz v. Zippy Mart, Inc.
...questions of agency and scope of employment are to be resolved by a jury." Id. at 1046. (e.s.) Accord, Saudi Arabian Airlines Corporation v. Dunn, 395 So.2d 1295, 1296 (Fla. 1st DCA 1981). In applying the above rules to the facts of this case, it is clear that the work of the participants b......
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Goettman v. North Fork Valley Restaurant
...to or returning from a meal, is performing an act necessarily incident to his employment."); see also Saudi Arabian Airlines Corp. v. Dunn, 395 So.2d 1295, 1296 (Fla.Dist.Ct.App.1981) (holding that the allegations in the complaint constituted a prima facie showing of an agency relationship ......
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Gordils v. DeVilliers, s. 80-1566
...Master and Servant § 617(2); Tuberville v. Concrete Construction Company, 270 So.2d 431 (Fla. 1st DCA 1972); Saudi Arabian Airlines Corp. v. Dunn, 395 So.2d 1295 (Fla. 1st DCA 1981); Alsay Pippin Corporation v. Lumbert, 400 So.2d 834 (Fla. 4th DCA 1981). Thus, the entry of summary judgment ......