FORD v. FLORIDA DEPT. OF TRANSP.

No. 4D02-2058.

855 So.2d 264 (2003)

Wesley FORD and Regina Ford, Appellants, v. FLORIDA DEPARTMENT OF TRANSPORTATION and Gilton Siqueira, Appellees.

District Court of Appeal of Florida, Fourth District.

October 1, 2003.


Attorney(s) appearing for the Case

Richard G. Bartmon of Law Offices of Bartmon & Bartmon, P.A., Boca Raton, for appellants.

Thomas Neale of Neale, Deamedia & Snowden, Fort Lauderdale, and Nancy W. Gregoire of Bunnell, Woulfe, Kirschbaum, Keller, McIntyre & Gregoire, P.A., Fort Lauderdale, for Appellee-Florida Department of Transportation.


TAYLOR, J.

We reverse the final summary judgment entered in favor of the Department of Transportation ("Department"), because a genuine issue of material fact exists regarding whether the Department's employee was acting within the scope of his employment when the state vehicle he was operating allegedly struck appellant Wesley Ford.

"The general rule in Florida is that an employee who deviates from his employment...

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