Torts — Negligence — Breach of duty of care — Trial court erred in entering summary judgment for defendant tire store whose employee serviced tire on plaintiff’s vehicle which later had blow out resulting in crash that resulted in serious injury to plaintiff — Court erred in entering summary judgment on the basis that evidence was insufficient to show that plaintiff had tire serviced at defendant’s tire store, as court would have had to weigh evidence or consider credibility of witnesses to reach that conclusion — Court erred in entering summary judgment on basis that there were no genuine issues of material fact as to defendant’s vicarious liability for acts of its employee, including whether employee acted within course and scope of his employment — Evidence was sufficient to create issue of fact as to whether employee’s alleged acts were within scope of employment
45 Fla. L. Weekly D188b
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