Sunshine Jr. Food Stores, Inc. v. Thompson, Nos. AC-416
| Court | Florida District Court of Appeals |
| Writing for the Court | WIGGINTON |
| Citation | 409 So.2d 190 |
| Parties | SUNSHINE JR. FOOD STORES, INC., and Morrison Assurance Company, Appellants, v. Fred THOMPSON, Appellee. |
| Decision Date | 02 February 1982 |
| Docket Number | AG-337,Nos. AC-416 |
Page 190
v.
Fred THOMPSON, Appellee.
C. Wes Pittman of Urquhart & Pittman, P. A., Panama City, for appellants.
Charles A. Wade, Fort Walton Beach, for appellee.
WIGGINTON, Judge.
Appellant seeks review of the deputy commissioner's order awarding Thompson temporary total disability compensation benefits for injuries sustained pursuant to an automobile accident that allegedly occurred in the course and scope of his employment. We must reverse.
At the time of the accident, claimant was a district manager for Sunshine Jr. Food Stores, Inc., and was in charge of ten stores in Okaloosa, Walton and Washington Counties located in West Florida. Included among claimant's responsibilities was occasional observation of the routine of store clerks working in his district. At 9:00 on the evening of the accident, claimant, joined by his two minor children, drove a short distance from his home to inspect Store Number 308, located on U. S. Highway 98, near Wynn Haven in Okaloosa County. He observed the store clerk from his parked car for a short period of time, then, becoming bored, proceeded to drive west to "kill time" until he could return to Store Number 308 to inspect the store after its closing at midnight.
Claimant drove west on Highway 98, leaving Okaloosa County and his district. He continued in the direction of Pensacola, planning to get gas and to kill about an hour and a half of time. In doing so, he entered Gulf Breeze, turned off U. S. 98 and crossed the toll bridge leading to Pensacola Beach in Escambia County. Claimant drove easterly, returning along Navarre Beach Road which parallels the Gulf of Mexico, and which would ultimately lead him to U. S. Highway 98. This deviation encompassed approximately 40 miles. However, before he returned to the main highway, claimant missed a turn and skidded into a roadway sign, causing the accident in question.
Page 191
The deputy commissioner held the accident to be compensable, finding that although the trip encompassed both business and pleasure, the predominant purpose for the trip involved business.
The deputy erred in awarding temporary total disability benefits to claimant. The injury suffered by claimant was noncompensable because it was not incurred within the course and scope of his employment.
It is the general...
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Cox v. COASTAL PRODUCTS COMPANY, INC.
...303 (1998); Boulevard Manor Nursing Home v. Lacombe, 557 So.2d 945 (Fla.Dist.Ct.App.1990); Sunshine Jr. Food Stores, Inc. v. Thompson, 409 So.2d 190 (Fla.Dist.Ct.App.1982); Lockwood v. Bd. of Trustees, Speedway Methodist Church, 144 Ind.App. 430, 246 N.E.2d 774 (1969); Danos v. Great Accept......
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Rodriguez v. Tri-State Carriers, Inc., No. 1D99-2371.
...1st DCA 1959); see Am. Family Pizza v. Taylor, 573 So.2d 956, 957-58 (Fla. 1st DCA 1991); Sunshine Jr. Food Stores, Inc. v. Thompson, 409 So.2d 190, 191 (Fla. 1st DCA While going to and coming from work ordinarily fall under the general heading of "personal missions," see, e.g., C......
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Am. Econ. Ins. Co. v. Traylor/Wolfe Architects, Inc., Case No. 3:12-cv-1094-J-32JBT
...1253, 1254 (Fla. 1st DCA 2001) (quotations omitted). Though not an insurance coverage case, Sunshine Jr. Food Stores, Inc. v. Thompson, 409 So. 2d 190 (Fla. 1st DCA 1982) provides a useful illustration.6 There, a district manager for a chain of stores had been inspecting the work of the cle......
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IMC Phosphates Co. v. Prater, No. 1D03-4954.
...occurring before he returns to the course he was pursuing in the interest of the employer. Sunshine Jr. Food Stores, Inc. v. Thompson, 409 So.2d 190, 191 (Fla. 1st DCA 1982); N & L Auto Parts Co. v. Doman, 111 So.2d 270 (Fla. 1st DCA 1959). We can infer from the final order and the evid......
-
Cox v. COASTAL PRODUCTS COMPANY, INC.
...303 (1998); Boulevard Manor Nursing Home v. Lacombe, 557 So.2d 945 (Fla.Dist.Ct.App.1990); Sunshine Jr. Food Stores, Inc. v. Thompson, 409 So.2d 190 (Fla.Dist.Ct.App.1982); Lockwood v. Bd. of Trustees, Speedway Methodist Church, 144 Ind.App. 430, 246 N.E.2d 774 (1969); Danos v. Great Accept......
-
Rodriguez v. Tri-State Carriers, Inc., No. 1D99-2371.
...1st DCA 1959); see Am. Family Pizza v. Taylor, 573 So.2d 956, 957-58 (Fla. 1st DCA 1991); Sunshine Jr. Food Stores, Inc. v. Thompson, 409 So.2d 190, 191 (Fla. 1st DCA While going to and coming from work ordinarily fall under the general heading of "personal missions," see, e.g., C......
-
IMC Phosphates Co. v. Prater, No. 1D03-4954.
...occurring before he returns to the course he was pursuing in the interest of the employer. Sunshine Jr. Food Stores, Inc. v. Thompson, 409 So.2d 190, 191 (Fla. 1st DCA 1982); N & L Auto Parts Co. v. Doman, 111 So.2d 270 (Fla. 1st DCA 1959). We can infer from the final order and the evid......
-
Am. Econ. Ins. Co. v. Traylor/Wolfe Architects, Inc., Case No. 3:12-cv-1094-J-32JBT
...1253, 1254 (Fla. 1st DCA 2001) (quotations omitted). Though not an insurance coverage case, Sunshine Jr. Food Stores, Inc. v. Thompson, 409 So. 2d 190 (Fla. 1st DCA 1982) provides a useful illustration.6 There, a district manager for a chain of stores had been inspecting the work of the cle......