ALEXANDER v. MORTON

No. 91-02004.

595 So.2d 1015 (1992)

Yvonne ALEXANDER and William Alexander, Appellants, v. Robert Lawrence MORTON, Jr. and the Alert Company, Appellees.

District Court of Appeal of Florida, Second District.

March 6, 1992.


Attorney(s) appearing for the Case

Lee D. Gunn, IV and David J. Marsh of Gunn, Ogden & Sullivan, P.A., Tampa, for appellants.

Michael S. Rywant and Matthew R. Danahy of Rywant, Alvarez, Jones & Russo, P.A., Tampa, for appellee Alert.


LEHAN, Judge.

In this personal injury action involving a motor vehicle accident, plaintiffs Yvonne and William Alexander appeal the final summary judgment entered in favor of defendant, The Alert Company. The trial court in effect ruled as a matter of law that the alleged active tortfeasor, defendant Robert Morton, Jr., was at the time of the accident an independent contractor and not an employee of Alert. We reverse.

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