Weiss v. Culpepper
| Decision Date | 10 July 1973 |
| Docket Number | No. 72--1205,72--1205 |
| Citation | 281 So.2d 372 |
| Parties | Allan Joel WEISS, Appellant, v. Edward Esterbrook CULPEPPER et al., Appellees. |
| Court | Florida District Court of Appeals |
Horton & Perse, Preddy, Haddad, Kutner & Hardy, Miami, for appellant.
Carey, Dwyer, Austin, Cole & Selwood and Steven R. Berger, Miami, for appellees.
Before CHARLES CARROLL, HENDRY and HAVERFIELD, JJ.
Plaintiff-appellant seeks review of an adverse summary judgment entered in favor of the defendant Hyatt House/19201 Corporation and Continental Casualty Company.
At approximately 1:20 a.m. on the morning of February 5, 1970, plaintiff-appellant sustained serious injuries when the motorcycle he was riding collided with an automobile owned and operated by the defendant Edward Culpepper. In addition to Culpepper, the plaintiff filed suit against Hyatt House/19201 Corporation and its liability insurer, Continental Casualty Company, on the grounds that Culpepper, an employee of Hyatt House, was acting in the course and scope of his employment at the time of the accident. On the date of the accident, Culpepper held the position of southern sales manager which on occasion did require some evening work entertaining hotel guests. The court below granted the motion of defendants, Hyatt House/19201 Corporation and Continental Casualty Company for summary judgment on the grounds that Culpepper was not acting in the course and scope of his employment at the time of the accident and, therefore, these defendants could not be held vicariously liable. The issue as to the liability of Culpepper is not a subject of this appeal.
Plaintiff-appellant contends the trial court erred in holding that the record fails to reflect the existence of genuine issues of material fact relating to whether Culpepper was acting in the course and scope of his employment at the time of the subject accident and, therefore, erred in finding appellees were entitled to judgment as a matter of law. We find no such error.
A master is civilly liable to third persons for injury or damage occasioned by the negligent act of his employee when committed within the scope of his employment. 21 Fla.Jur. Master & Servant § 69 (1958). Nevertheless, it has been established in this jurisdiction that the mere going to or from work in one's own automobile is not in the course of employment. Foremost Dairies, Inc. of the South v. Godwin, 158 Fla. 245, 26 So.2d 773 (1946) and ...
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Eberhardy v. General Motors Corporation
...Merwin v. Kellems, 78 So. 2d 865 (Fla.1955); Foremost Dairies, Inc. v. Godwin, 158 Fla. 245, 26 So.2d 773 (1946); Weiss v. Culpepper, 281 So.2d 372, 373 (Fla.App.3d, 1973); Southern Life & Health Ins. Co. v. Smith, 218 So.2d 784, 786 (Fla.App.1st, In the instant case, however, it is undispu......
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Jaar v. University of Miami
...Dr. Ward, see Weiss v. Jacobson, 62 So.2d 904 (Fla.1953); Stinson v. Prevatt, 84 Fla. 416, 94 So. 656 (Fla.1922); Weiss v. Culpepper, 281 So.2d 372 (Fla.3d DCA 1973), cert. denied, 290 So.2d 62 (Fla.1974), and appellants are entitled to a directed verdict against the University as a matter ......
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Freeman v. Manpower, Inc.
...of the South v. Godwin, 158 Fla. 245, 26 So.2d 773 (1946); Standley v. Johnson, 276 So.2d 77 (Fla. 1st DCA 1973); Weiss v. Culpepper, 281 So.2d 372 (Fla. 3rd DCA 1973). And this is true even though the vehicle was used in the work and partly maintained by the employer. Foremost Dairies, Inc......
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Luke v. Warfield, 93-344
...Dairies v. Godwin, 158 Fla. 245, 26 So.2d 773 (1946); Freeman v. Manpower, Inc., 453 So.2d 208 (Fla. 1st DCA 1984); Weiss v. Culpepper, 281 So.2d 372 (Fla. 3d DCA 1973), cert. denied, 290 So.2d 62 AFFIRMED. GOSHORN, GRIFFIN and DIAMANTIS, JJ., concur. ...