Crawford
v. Department of Military Affairs
of the State of Florida,
412 So. 2d
449 (Fla. 5th DCA 1982).
Plaintiffs
were injured when their automobile was hit by a military truck driven by a member of the National
Guard. The St. Johns County Circuit Court entered summary
judgment in favor of the Department finding that the guardsman was not a
state employee at the time of the accident.
Ms.
Lippincott represented the plaintiffs in this appeal. The appellate
court found that even though the guardsman was on weekend training that
fulfilled a federal function, he was a state employee for whose
negligent act the state had waived sovereign immunity. The court
reversed the summary judgment for the Department of Military Affairs and
remanded for trial.
