Lambert v. Indian River Electric, Inc.

STONE, Judge.

We reverse a summary final judgment entered in favor of the defendant in a negligence action. The defendant, Indian River Electric, Inc. is the owner of a van and the employer of the driver, Alan Hoffler. The appellant is the guardian ad litem for the injured passenger, Carol Hoffler, the wife of the driver. The employer had entrusted the van to Alan for his personal use.

Alan Hoffler stated, in deposition testimony, that on the night of the accident he and his wife left a bar where they had been drinking heavily. Alan testified that after leaving the bar his driving ability was…