BUL4602 Fall-2011 Lecture 3, Reading 5

BUL4602 Fall-2011 Lecture 3, Reading 5 - Campbell v....

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Campbell v. Kessler 848 So.2d 369 Fla.App. 4 Dist.,2003. May 07, 2003 District Court of Appeal of Florida, Fourth District. Deanna CAMPBELL, Appellant, v. Frank KESSLER, as Personal Representative of the Estate of Reuben D. Berger, Appellee. No. 4D01-5034. 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 appellee. 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) . Reuben 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, section 768.1355(1) , 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
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BUL4602 Fall-2011 Lecture 3, Reading 5 - Campbell v....

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