OUTZEN v. BOWEN

No. UU-37.

389 So.2d 1104 (1980)

David Preston OUTZEN, Appellant, v. Lois Jenkins BOWEN, York C. Bowen, IV, International Service Insurance Company and Jack Eckerd Corporation, Appellees.

District Court of Appeal of Florida, First District.

November 7, 1980.


Attorney(s) appearing for the Case

Woodburn S. Wesley, Jr. of Cotton, Wesley & Pouche, Shalimar, for appellant.

J. Dixon Bridgers, III of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Pensacola, for Jack Eckerd, appellee.


PER CURIAM.

Outzen appeals from a summary judgment granted in favor of appellee, Jack Eckerd Corporation, urging there are genuine issues of material fact to be resolved by a jury. We agree and reverse.

The facts as presented give rise to a jury question on the issue of whether Ms. Bowen was within the scope of her employment when she had the automobile accident. Although the facts themselves are not in conflict, they will permit of different reasonable inferences...

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