Pearce v. Lott
Pearce v. Lott
Opinion of the Court
The appellant challenges a judgment entered for the Department of Management Services (DMS) in a negligence action where the appellant was seeking damages in connection with the operation of a motor vehicle by a DMS employee. We conclude that the court gave the jury an improper instruction regarding whether the employee was acting within the course and scope of the employment at the time of the incident, as a basis for determining DMS’ possible liability.
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, but it required a detour along a different and less direct route. Furthermore, while there was conflicting evidence as to many of the circumstances, there was testimony from which the jury could determine that this was an approved practice whereby the employee would obtain equipment needed in the day’s work.
During jury instructions regarding the course and scope of employment, the court told the jury that ordinarily an employer is not responsible for negligence which occurs while an employee is on the way to work. The court further informed the jury that an employer is responsible for negligence which occurs when the employee has already begun work, and also when an employee is on a special errand for the employer. The court then advised the jury of several factors which might be considered in evaluating whether an employee is on a special errand.
In addition to these problems, there is a more fundamental defect with the instruction in the pi'esent case. Apparently desiring to avoid the doctrinal complication which might ensue from the special errand concept, the appellant expressly repudiated this theory at trial and clearly advised the court that she did not want the jury to be given such an instruction. Because there was sufficient evidence to permit recovery under the appellant’s particular theory of the case — that the DMS employee was within the course and scope of his employment without resort to the special errand doctrine — she was entitled to have the jury instructed on this basis. See, e.g, Hammond v. Jim Hinton Oil Co., 530 So.2d 995 (Fla. 1st DCA 1988).
The jury instruction in this case was confusing and potentially misleading, and should not have referred to the special errand doctrine. The appealed order is therefore reversed, and the case is remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.