By Claire B. Carter, Esq., Associate

On June 6, 2018, Florida’s Fourth District Court of Appeals issued its opinion in the case of Salerno v. Del Mar Fin. Serv., LLC, 2018 WL 2716927, at *1 (Fla. 4th DCA June 6, 2018). The Court held the defendant employer not liable for the death of its employee after the employer had served drinks in the workplace during work hours and the intoxicated employee was hit by a train walking home. In ruling that the employer breached no legal duty to the employee, the Court noted that an employee is not acting in the scope of the employee’s employment when coming and going from work. Furthermore, the employee voluntarily drank alcoholic beverages and voluntarily walked on the railroad tracks.

Claire B. Carter is an associate with Saxon|Gilmore. She practices in the areas of creditors’ rights, commercial and real estate litigation, and commercial and real estate transactions. She can be reached at 813.314.4527 or via email at


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