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ROSS v. ELAINE POWERS FIGURE SALON

No. 72-996.

289 So.2d 740 (1974)

Sophia ROSS f/u/b/o Liberty Mutual Insurance Company, Appellant, v. ELAINE POWERS FIGURE SALON and Ruth Cahl a/k/a Ruth Calafemina, Appellees.

District Court of Appeal of Florida, Fourth District.

February 15, 1974.

Attorney(s) appearing for the Case

Frank E. Maloney, Jr., Fleming, O'Bryan & Fleming, Fort Lauderdale, for appellant.

Robert E. Ziegler, Rogers, Morris & Ziegler, Fort Lauderdale, for appellees.

WALDEN, Judge.

Did the refusal of the trial court to give Florida Standard Jury Instruction 3.3(b) constitute reversible error. That instruction provided:

"b. Agency, master and servant: "Whether (name) was an [agent] [employee] of (defendant) and was acting within the scope of his employment at the time and place of the incident complained of. An [agent] [employee] is a person who is employed to act for another and whose actions are controlled...

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