A trial court wrongly determined that an employer had zero liability in an auto accident involving one of its employees, a Florida appellate court ruled Friday.
The Florida Fifth District Court of Appeal reversed a trial judge’s ruling that Sarah Marie Way was not within the course and scope of her employment when she crashed into a vehicle driven by Carol Ann Kulzer in Ormond Beach. The incident date was not provided in the ruling.
Ms. Kulzer, who said she was injured in the crash, sued Ms. Way and her employer, Greenleaf Trust, a Michigan-based company specializing in wealth management and trust administration services.
Ms. Way was out running errands for the employer as well as stopping for lunch at the time of the accident, according to court documents.
The trial court absolved Greenleaf of any liability, citing a “coming and going rule,” because Ms. Way’s errands included a lunch break.
The appeals court said the trial judge erred because only a small amount of the time she was out was spent getting lunch.
The case was remanded for further proceedings.