District Court of Appeal of Florida

In an action brought by the widow of an employee who was shot and killed during a robbery at a Meineke Discount Muffler Shop where he worked as a mechanic, summary judgment for defendants and a ruling in favor of an insurer in a related declaratory judgment action are affirmed as non-insurer appellants were -other person[s]- who acted in a -managerial or policymaking capacity- within the meaning of Florida Statutes section 440.11(1), and vicarious liability could not support other causes of action.

Appellate Information

• Decided 01/31/2007
• Published 01/31/2007

Judges

• PER CURIAM.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Howard T. Sutter of Boyd & Sutter, P.A., Jacksonville, for appellant.


• For Appellees:
  
• Hinda Klein of Conroy, Simberg, Ganon, Abel, Lurvey, Morrow & Schefer, P.A., Hollywood, and Richard M. Gomez of Law Offices of Roland Gomez, Miami, for appellee Meineke Discount Muffler Shops, Inc., a foreign corporation., Jeanne C. Brady and Frank R. Brady of Brady & Brady, P.A., Boca Raton, for appellees William R. Ufer, Sr. and Rex-Douglas Corporation, a Florida corporation., Fred L. Fulmer of Law Offices of Fred Land Fulmer, P.A., Fort Lauderdale, for appellees William R. Ufer, Jr., Rex-Douglas Corporation, a Florida corporation, and Gordon Cade., James G. Salerno of Peterson Bernard, Fort Lauderdale, for appellee State Auto Insurance Companies, a Florida corporation.