Providing Personalized Representation to Those Who are Seriously Injured
In appreciation of your business and referrals, our raffle drawing
this month is for a chance to win:

A $200 Gift Card to:
All entries must be received by February 10, 2020. The drawing will be held on February 11, 2020. The winner will be notified and can pick up their gift card at our office during normal business hours.

*Reminder: 1 entry per person please
Can an Employer be Held Liable for an Employee's Negligent Driving that Causes an Accident?

In Florida, an employer can be held liable for the negligent actions of its employees while driving a company vehicle, the employer's personal vehicle, or the employee's personal vehicle while performing work for the employer, such as running errands for the company. The employee's negligent actions can be imputed to the employer and is called vicarious liability. If the injured party can show that the employee was in the course and scope of their employment when they caused the accident, then the employer can be sued for that employee's actions. Furthermore, if the injured party can prove that the employee was required to drive in a negligent manner by the employer to provide a certain level of service to their customers, then the employer could possibly be subject to punitive, or punishment damages. An example of this would be where a food delivery driver is required by the employer to deliver food in a fast and reckless manner, otherwise the food would be free to the customer and in doing so causes a collision attributed to speeding.  

Oftentimes, employers will hire someone as an independent contractor in an effort to create a layer of protection for themselves. The employer does this in an effort to create separation between themselves and the negligent driver who is performing work for the employer. This type of alleged relationship must be thoroughly investigated to determine if the alleged independent contractor was truly acting independently or was being treated more like an employee by the employer.  

Another type of employer relationship that should be investigated thoroughly is one where a franchisee employer has an employee that negligently causes a collision while driving on behalf of that employer. The franchisor could have imputed liability in this situation as well if proper training and safeguards were not in place in the franchisee and franchisor relationship.  For example, in Parker v. Domino's Pizza, 629 So.2d 1026 (Fla. 4th DCA 1993) the plaintiffs were harmed as a result of an accident caused by a delivery driver employed by the franchisee of Domino's. It is well established that an employer can be vicariously liable for their employee's negligent actions while driving. In this particular case the franchisee was held liable for the delivery driver's negligent actions in causing the plaintiff's injuries. The plaintiff also argued that Domino's was vicariously liable for the injuries caused by the delivery driver as well because of the control that they exercised over the franchisee as indicated by the training manual that the franchisee was required to follow by Domino's. The appellate court held that the operating manual that Domino's provided to the franchisee for overseeing a Domino's operation contained "prescriptions for every conceivable facet of the business”, and thus Domino's retained a high degree of control over the franchisee and therefore the franchisee could be considered an agent of Domino's. Thus, the appellate court held that Domino's could be found liable for the delivery driver's actions.  

If you should have any questions concerning this topic or any other legal matters as it pertains to personal injury please contact our office. We are always here for you.  

Chuck
COMMUNITY CHARITY SPOTLIGHT
The mission of the Bay Area Pregnancy Center is to protect the sanctity of human life and to emulate God’s love by providing Christian counseling, services, and goods to mothers, children and families in need.

Founded in 1985 by seven ministers, the Bay Area Pregnancy Center was established to assist and support women with unplanned pregnancies. As much greater needs beyond the pregnancy became apparent, our role expanded to aid the existing family in developing sustainable life skills. Today , we have three centers. We have a Clearwater center, a High Point Center, and a center in Lealman which is located on the property of Transfiguration Catholic Church. These centers serve over 1,500 clients per year including, mothers, fathers, children and grandparents.

The Bay Area Pregnancy Center is holding their annual Walk for Life on April 18 , 2020. Walk, eat, and game @ Spectrum Field. Some of their other upcoming special events include:
May 28 – Baseball for Babies @ Spectrum Field
July 1 – Blessings and Brunch @ Ruth Eckerd Hall
September 12 – Birdies for Babies @ Innisbrook Copperhead
September 25 - Gala Celebrating 35 Years @ Innisbrook

For more information, please visit www.mybapc.com or call our office. The office of Charles S. Philips proudly supports this organization. 
Rosemary Garlic Chicken

1 Stick Butter
3 Tbsp. Garlic Powder
3 Tbsp. Rosemary
Salt & Pepper to Taste
1 C. Honey
12 Boneless Skinless Chicken Thighs

Preheat oven to 375 degrees. Melt butter and spices together in a large saucepan. Simmer for about one minute. Stir in honey and bring to a boil. Reduce heat to low. Dip each thigh in the mixture until coated. Place chicken in a 9x13 baking dish and pour remaining sauce over chicken. Bake 15 minutes and turn over thighs. Lower heat to 165 degrees and bake an additional 15 minutes.

From Angie's Kitchen, Courtesy of Safety Harbor Living Magazine
Our Clients Are Saying...

I am so thankful I called Chuck Philips after my fall. He was so helpful and caring. I felt very comfortable talking with him. He is very honest and compassionate. Thank you so very much Chuck, for all your help.

Sincerely,

Barbara B.
Law Office of Charles S. Philips, PLLC
Phone: (727) 494-2008
Fax: (727) 494-2009
Main Office: 9400 River Crossing Blvd., Ste. 103, New Port Richey, FL 34655
Satellite Offices:Citrus, Hernando, Pinellas and Hillsborough Counties