Jamiese Gabriel Johnson v. All Construction Resources, Inc.

Opinion

Third District Court of Appeal Stateof Florida

Opinion filed January 10, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D22-1186 Lower Tribunal No. 20-26692 ________________

Jamiese Gabriel Johnson, Appellant,

vs.

All Construction Resources, Inc., Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Valerie R. Manno Schurr, Judge.

Feiler & Leach, P.L. and Martin E. Leach, for appellant.

Alexander C. Annunziato, for appellee.

Before EMAS, FERNANDEZ and SCALES, JJ.

PER CURIAM. Affirmed. See Goss v. Human Services Assocs., Inc., 79 So. 3d 127,

132 (Fla. 5th DCA 2012) (“ ‘The general rule is that an employer cannot be

held liable for the tortious or criminal acts of an employee, unless they were

committed during the course of the employment to further a purpose or

interest . . . of the employer.’ The question of whether an employee is acting

within the course and scope of employment, where the facts are not in

dispute, is that of law.”) (internal citations omitted)); Sussman v. Fla. East

Coast Props., Inc., 557 So. 2d 74, 75-76 (Fla. 3d DCA 1990) (“The conduct

of an employee is within the scope of his employment . . . only if the following

three elements are satisfied: (1) the conduct is of the kind the employee is

hired to perform, (2) the conduct occurs substantially within the time and

space limits authorized or required by the work to be performed, and (3) the

conduct is activated at least in part by a purpose to serve the master.”;).