C.C.W., A CHILD, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Carroll AIR Sys., Inc. v. Greenbaum, 629 So. 2d 914 (Fla. 4th DCA 1993)
  …n the course and scope of his employment when travelling to and from the meeting. See Merwin v. Kellems, 78 So. 2d 865 (Fla.1955);- Whetzel v. Metropolitan Life Ins. Company, 266 So. 2d 89 (Fla. 4th DCA 1972); see also Advanced Diagnostics v. Walsh, 437 So. 2d 778 (Fla. 1st DCA 1983) (discussing worker’s compensation “going and coming” rule). Courts across the country are divided on the issue of whether an employer is liable for injuries to third parties under similar circumstances. See David M. Holliday, An…
• Tessan Swartz v. McDONALD'S Corp., 788 So. 2d 937 (Fla. 2001)
  …uty Shops Co., 249 So. 2d 13, 15 (Fla.1971). Section 440.092(4) limits the traveling employee exception when an employee is merely traveling to or from work. See § 440.092(4), Fla. Stat. (1995). . Swartz contends that Advanced Diagnostics v. Walsh, 437 So. 2d 778 (Fla. 1st DCA 1983), Standard Distribution Co. v. Johnson, 445 So. 2d 663 (Fla. 1st DCA 1984), and Poinciana Village Construction Corp. v. Gallarano, 424 So. 2d 822 (Fla. 1st DCA 1982), all permit exceptions to the “going and coming” rule for missio…
• Dade Cnty. Sch. Bd. & Gallagher Bassett Ins. Serv. v. Polite, 495 So. 2d 795 (Fla. 1st DCA 1986)
  …of the rule depends upon the nature and circumstances of the particular employment and “no exact formula can be laid down which will automatically solve every case.” Sweat v. Allen, 200 So. 348, 350 (Fla.1941), accord Advanced Diagnostics v. Walsh, 437 So. 2d 778, 780 (Fla. 1st DCA 1983). In this case, the D/C found, and there is competent, substantial evidence in the record to show, that at the time of the accident, Polite was not “off-duty away from the employer’s premises” at the time of the accident but…

Authorities Cited

• E. Y. v. State, 390 So. 2d 776 (Fla. 3d DCA 1980)