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Unformatted text preview: se of another whom the supplier knows or has reason to know to be likely
because of his youth, inexperience, or otherwise, to use it in a manner
involving unreasonable risk of physical harm to himself and others whom
the supplier should expect to share in or be endangered by its use, is subject
to liability for physical harm resulting to them.
The comments to Section 390 state that "a supplier is liable if, but only if, his conduct is
the legal cause of the bodily harm complained of. . . ." As stated earlier, it is not the
furnishing of the alcoholic beverage, but the drinking of the alcohol which is the legal
cause of the injuries. Barnes. Moreover, to hold otherwise would be in contravention of
Florida's common law which does not recognize a cause of action against an
establishment that furnishes alcoholic beverages to an adult whose negligence
subsequently causes injuries to himself or others as a result of intoxication.
The plaintiffs contend that the trial court erred in dismissing the negligence count of their
complaint. We disagree.
An employer may be vicariously liable to third parties [**6] under the principle of
respondeat superior for damages and injuries [*1354] caused by its employee's negligent
acts which are committed within the scope and course of his employment. See Western
Union Tel. Co. v. Thomas, 139 Fla. 474, 190 So. 878 (1939); Garcia v. Duffy, 492 So. 2d
435 (Fla. 2d DCA 1986); Gonpere Corp. v. Rebull, 440 So. 2d 1307 (Fla. 3d DCA 1983);
Thurston v. Morrison, 141 So. 2d 291 (Fla. 2d DCA 1962). Moreover, for an employer to
be vicariously liable for the acts of his employee, the employee's conduct must in some
way further the interests of the employer or be motivated by those interests. See Perez v.
Zazo, 498 So. 2d 463 (Fla. 3d DCA 1986); Traynor v. Super Test Oil & Gas Co., 245 So.
2d 916 (Fla. 2d DCA 1971).
In the instant case, Lopez' conduct in negligently operating his motor vehicle occurred
while he was off duty and in no way furthered Godfather's interest. Moreover, at the time
of the accident, Lopez was engaged in a purely social activity, a...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.
- Spring '08