Campbell v. Kessler
848 So.2d 369
Fla.App. 4 Dist.,2003.
May 07, 2003
District Court of Appeal of Florida,
Deanna CAMPBELL, Appellant,
Frank KESSLER, as Personal Representative of the Estate of Reuben D.
May 7, 2003.
Rehearing Denied July 15, 2003.
Allison J. Davis of Silber & Valente, West Palm Beach, for appellant.
Deirdre E. Brett
of Cameron, Davis & Gonzalez, P.A., West Palm Beach, for
JENNIFER D. BAILEY, Associate Judge.
In this automobile negligence case, the trial court granted summary
judgment pursuant to
section 768.1355(1), Florida Statutes (2001)
Berger, the original defendant, and Deanna Campbell, the plaintiff, were
involved in a traffic accident in Boynton Beach, Florida. Berger hit
Campbell's car from the rear while she was stopped at a traffic light.
At the time of the accident, Berger was in uniform driving a Citizen Patrol
car belonging to the Palm Beach Sheriff's office as a volunteer member of
the Citizen Observer Patrol. The Citizen Observer program is a joint effort
between the sheriff's office and civilian volunteers who serve as additional
“eyes and ears” for the department. While the negligence case was pending,
Berger passed away and his estate was substituted as defendant. The trial
court granted the estate's summary judgment pursuant to the Florida
Volunteer Protection Act,
, which provides:
Any person who volunteers to perform any service for any nonprofit
organization ··· without compensation ··· shall be considered an agent of
such nonprofit organization when acting within the scope of any official