Michelle Hendrix and Pamela Dimo (Pensacola, FL) (Wrongful Death) were successful in obtaining a Motion for Final Summary Judgment in a wrongful death matter filed by Plaintiff against Etheridge Property Management, Inc. Plaintiff alleged that Etheridge Property Management was vicariously liable for the actions and omissions of its employee, Mr. Martin. Mr. Martin was in his personal vehicle and was clocked out for more than four hours before the accident. He was on his way to pick up his paycheck when he drove onto the curb, across the sidewalk, and into a yard where he struck the decedent who was performing yardwork.
Etheridge filed a Motion for Final Summary Judgment on the grounds that Defendant Martin had completed his work on behalf of Defendant Etheridge more than four hours before the accident occurred. He had clocked out for the day, and he had visited at least two separate locations on his own time. At the first location, he consumed a glass of water with his medication. At the second location, he consumed two beers. After leaving the second location, Defendant Martin decided to drive to Defendant Etheridge’s office to pick up his paycheck. Defendant Martin had the option of picking up his paycheck or having it mailed to him. Defendant Etheridge did not require Defendant Martin to pick up his paycheck, the decision was strictly made by Defendant Martin depending on his need for the funds from his paycheck. Based on these facts, the Court found that the Plaintiff failed to prove any of the three prongs required to maintain a claim against Defendant Etheridge. Plaintiff cannot prove, at the time of the accident, that Defendant Martin’s conduct was of the kind that Defendant Martin was hired to perform, that Defendant Martin’s conduct occurred substantially within the time and space limits authorized or required by the work to be performed, or that Defendant Martin’s conduct was activated at least in part by a purpose to serve Defendant Etheridge.
The judge found that Plaintiff failed to present evidence that Defendant Martin’s conduct was the kind Etheridge hired him to perform. The judge also agreed that picking up his paycheck was not part of the requirements of Defendant Martin’s job, and, therefore, he was not undertaking any action that would benefit Ethridge in any way. Likewise, in the four hours before the accident, Defendant Martin had undertaken purely social activities that were for his own benefit, and not that of his employer.