Kory Watson and Lori Conklin (St. Petersburg, FL) (Vicarious Liability/Automobile Negligence) obtained Final Summary Judgment for Defendant Crestline Hotels & Resorts, LLC, d/b/a Hilton Singer Island Ocean Front/Palm Beaches against Plaintiff Alicia McKee, individually, and as Personal Representative for the Estate of Paul James McKee in the Fifteenth Judicial Circuit in Palm Beach County Florida before Judge Jamie Goodman. The nine (9) page Order was entered over four (4) months following the hearing on June 10, 2022.
The cause of action arose from a motor vehicle versus pedestrian accident that occurred on December 3, 2017 when a vehicle operated by a banquet manager of Crestline struck two pedestrians, Alicia McKee and Paul McKee. The collision resulted in the death of Paul McKee and serious injury to Alicia McKee. Plaintiffs filed suit against Crestline and banquet manger Anthony Horsford. Plaintiffs alleged Horsford was within the course and scope of his employment with Crestline at the time of the collision. It was undisputed that Horsford was employed as a banquet manager by Crestline on the date of the accident. It was also undisputed that at the time of the collision, Horsford was operating his own personal vehicle on his way home from his place of employment with Crestline.
Under Florida law, an employer is vicariously liable for tort purposes only if: “(1) the conduct is the kind the employee is hired to perform (2) the conduct occurs substantially within the time and space when it is authorized or required by the work to be performed, and (3) the conduct is activated at least in part by a purpose to serve the master.” Discovery revealed a call from Horsford’s phone to Crestline close in time to the occurrence of the collision. Plaintiffs alleged that Horsford was using, or attempting to use, his phone for business purposes at the time of the collision thereby placing him in the course and scope of employment. Plaintiffs attempted to establish that Horsford, a salaried banquet manager, was in the course and scope of employment when he placed the call because (1) communicating off the work site was common for Horsford, (2) as a salaried employee in the food and beverage line of work, he was essentially always within the time and space limits authorized by Crestline, and (3) the call was made in furtherance of Crestline’s business interest.
Ultimately, the Court agreed with Defendant’s argument and held there was no summary judgment evidence to support that at the time of the collision Crestline retained any control over Horsford’s behavior. The Court specifically stated in its Order Granting Summary Judgment “Florida law does not hold an employer vicariously liable for the negligence of its employee in using a personal cellular phone to contact his employer while driving his personal vehicle from work to his home.”