Diaz v. Cabeza

This is an appeal of a summary final judgment in a personal injury case. The question is whether the corporate defendant is vicariously liable for the acts of its president. As a jury question has been presented, we reverse the summary judgment now before us. La Dorada Coral Gables, Inc., defendant below, is a restaurant (“the restaurant”). Its president and sole shareholder is Jose F. Cabeza, also a defendant below. For several years, the restaurant employed Jose Diaz, plaintiff below, as a waiter and busboy.

Cabeza is the owner of the restaurant and resides in Spain. His son manages the…