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Robelo v. United Consumers Club, Inc.

Citations: 555 So. 2d 395; 14 Fla. L. Weekly 2706; 1989 Fla. App. LEXIS 6439; 1989 WL 139497Docket: No. 88-788

Court: District Court of Appeal of Florida; November 21, 1989; Florida; State Appellate Court

Narrative Opinion Summary

In the case at hand, the plaintiffs, identified as the Robelos, pursued a wrongful death action against United Consumers Club, Incorporated, United Consumers Franchise Corporation, ARCA Corporation, and Elizabeth Pistone following a fatal car accident involving their son. The accident occurred when Pistone, operating a van owned by ARCA, collided with the decedent. The pivotal legal issue revolved around whether Pistone was acting within the scope of her employment at the time of the accident, a determination essential to establish vicarious liability on the part of UCC. The court determined that Pistone was not on a special errand for her employer, but rather commuting to the office in a manner that did not mandate continuous availability, thus negating UCC's liability. The court further emphasized that ARCA's ownership of the van, which was used partially for personal purposes, did not automatically attribute liability to UCC. As a result, the court upheld the summary judgment in favor of UCC, while the claims against ARCA and Pistone remain active. The court also noted that the precedent from Eady v. Medical Personnel Pool was inapplicable to the specific facts of this case.

Legal Issues Addressed

Commuting and Special Errand Exception

Application: The court concluded that Elizabeth Pistone was commuting to the office on an irregular basis and was not on a special errand for UCC, which precludes liability.

Reasoning: The court noted that an employer is generally not liable for an employee's actions while commuting unless the employee is on a special errand for the employer.

Distinguishing Case Precedents

Application: The court declined to apply the precedent from Eady v. Medical Personnel Pool as it was deemed inapplicable to the facts of this case.

Reasoning: The court declined to apply precedent from Eady v. Medical Personnel Pool as it did not fit the circumstances of this case.

Ownership of Vehicle and Liability

Application: The court found that the mere ownership of the van by ARCA did not impose liability on UCC, considering the van's use for personal purposes.

Reasoning: The court also highlighted that just because ARCA owned the van does not automatically impose liability on UCC.

Vicarious Liability and Scope of Employment

Application: The court determined that UCC was not liable for Elizabeth Pistone's actions as she was not acting within the scope of her employment during the accident.

Reasoning: The principle of vicarious liability holds that an employer is liable for the tortious acts of an employee only if the employee is acting within the scope of their employment.