Drinnenberg v. State, Department of Transportation

LEHAN, Judge.

Plaintiffs in this personal injury case appeal from a summary judgment granted by *52the trial court in favor of the state of Florida. The injuries to plaintiffs are alleged to have resulted from an automobile accident in which a pickup truck owned by the state and driven by David Lee Brown, a state employee, collided with a car which was driven by plaintiff, Mary G. Drinnen-berg, and in which plaintiff Tammy Drin-nenberg was a passenger. The apparent basis for the summary judgment was that Brown was not acting in the scope of his employment at the time of the accident.

Brown had…