William T. Stone obtained a favorable ruling from the Florida First District Court of Appeal During the month of February.
Stone responded to the initial complaint in early 2018 regarding this personal injury claim. The plaintiff sustained significant personal injuries in this high-speed head-on collision. The plaintiff argued that the accident in question and resulting injuries occurred when an employee of our client was involved in the auto accident while acting within the scope of his employment. Stone’s response denied any claim of vicarious liability based on the principle of respondeat superior, because the employee was not operating within his scope of employment at the time of the accident. Both parties referenced Sussman v. Florida East Coast Properties, Inc., 557 So.2d 74 (Fla. 3rd DCA 1990), which established what conduct falls within the scope of employment based on three criteria. Stone argued that the plaintiff’s claim was barred based on the Sussman test. The Fourth Judicial Circuit Court in Clay County ruled in favor of the defense and Final Summary Judgement was granted.
On appeal the Plaintiff argued that exceptions used in Florida Workers’ Compensation Law should be expanded to apply to third party liability cases. Stone, assisted by his associate Catie Smith, argued that the Court had found these exceptions only instructive, but by no means controlling. On February 13th, 2020 Florida’s First District Court of Appeal affirmed the lower court’s Summary Judgement.
As an independent, Jacksonville-based civil litigation law firm, the attorneys at Saalfield Shad, P.A. have represented self-insured entities and insurance companies in North Florida for decades. The firm’s lawyers have extensive trial experience in state and federal courts, exceptional litigation skills, and diversified practices. With deep local ties in the community, they have built a reputation for successful representation, proactive and personalized counsel, and outstanding client service.
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