Montadas v. Dade Scrap Iron & Metal, Inc.

Eduardo Montadas, a pizza deliveryman, appeals an adverse final summary judgment entered in his personal injury action below. The trial court essentially concluded as a matter of law that the vice president/owner of appellee Dade Scrap Iron and Metal, Inc., who allegedly attacked Montadas in an altercation over a late delivery, was not acting within the scope of his employment nor in furtherance of appellee’s interests. We reverse because there are conflicting accounts in the record as to whether appellee had a practice of ordering in pizza for its employees to expedite their lunch breaks in…