PEARCE v. LOTT

No. 97-4025.

720 So.2d 587 (1998)

Julianne Cook PEARCE, as Guardian of Arthur D. Cook, Appellant, v. Charles P. LOTT, and State of Florida, Department of Management Services, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied November 19, 1998.


Attorney(s) appearing for the Case

Kenneth L. Connor and Scott E. Gwartney of Connor & Gwartney, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, and Amelia L. Beisner, Assistant Attorney General, Tallahassee, for Appellees.


ALLEN, Judge.

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...

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