JULIANNE COOK PEARCE, AS GUARDIAN OF ARTHUR D. COOK, APPELLANT,
v.
CHARLES P. LOTT AND STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES, APPELLEES

Fla. 1st DCA | 1995-07-19
No. 94-3629
ERVIN, BENTON and VAN NORTWICK, JJ., concur.
657 So. 2d 87 Florida District Court of Appeal, First District (1995) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

On this record we believe it is for the jury to decide whether Mr. Lott was on his way to work, had already begun work, or was on a special errand for his employer at the time the accident occurred. See Alsay-Pippin Corp. v. Lumert, 400 So. 2d 834 (Fla. 4th DCA 1981); El Viejo Arco Iris, Inc. v. Luaces, 395 So. 2d 225 (Fla. 1st DCA 1981) review denied 402 So. 2d 611 (Fla.1981).

Accordingly, the order granting summary judgment is reversed and the case remanded for further proceedings.

ERVIN, BENTON and VAN NORTWICK, JJ., concur.


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  • Julianne Cook Pearce v. Lott, 720 So. 2d 587 (Fla. 1st DCA 1998)
    …ility. The appellant’s action was predicated on allegations that the DMS employee negligently operated a motor vehicle which collided with a pedestrian. The case proceeded to trial after a summary judgment for DMS was overturned in Pearce v. Lott, 657 So. 2d 87 (Fla. 1st DCA 1995). At trial there was evidence indicating that the DMS employee was driving from his home to a site where repairs were made to DMS equipment. This trip was made in conjunction with the employee’s travel to his usual DMS workplace,…

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