Case: Individual Employment Rights/Negligence (Fla. Dist. Ct. App.)

The Florida Court of Appeal, Fifth District, reversed summary judgment granted to NPC International, Inc. on a negligence claim brought by a bicyclist who was hit by a car driven by the company’s pizza delivery employee, holding that the bicyclist’s voluntary dismissal of the employee driver after the statute of limitations had expired didn’t constitute an adjudication on the merits that would trigger the “exoneration rule” and insulate the employer from vicarious liability for its employee’s negligence during the course and scope of employment.

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