Shunk v. Gulf American Land Corp.

Gulf American Land Corporation (Gulf) (defendant) employed Jocquelyn Shunk (plaintiff) as a solicitor to find potential buyers for lots and then solicit those buyers to fly on a Gulf-provided plane to Gulf’s real estate development in Naples, Florida. One prospective buyer solicited by Shunk was Luther Tanly, who was scheduled to fly from Daytona Beach to Naples on a 7:00 a.m. flight. The night before Tanly’s flight, Shunk had a late dinner with Tanly, Shunk’s supervisor, and another Gulf employee. At around 2:30 a.m., Shunk accompanied Tanly to Tanly’s apartment so that Shunk would know where to find Tanly to ensure that he was on time for his flight. In the apartment, Tanly made an improper advance toward Shunk. Shunk tried to escape, but she fell from Tanly’s window and was injured. Shunk sought workers’-compensation benefits from Gulf. In proceedings before an industrial-claims judge, Shunk’s supervisor testified that Gulf’s solicitors’ duties included finding potential buyers, obtaining the buyers’ contact information, and waking the buyers to make sure that the buyers were on the plane in time for their scheduled flights to Naples. The supervisor also testified that solicitors worked at all hours to find buyers and to ensure that they made their flights and that nearly anything the solicitors did to persuade potential buyers could be considered part of the solicitors’ jobs. The supervisor further testified specifically that it was Shunk’s duty to ensure that Tanly was on the plane the morning after the dinner. Another Gulf employee also testified about how solicitors secured potential buyers for plane trips and confirmed that solicitors worked unusual hours. The judge entered an order awarding workers’-compensation benefits to Shunk, finding that Shunk was acting in the course and scope of her employment when she went to Tanly’s apartment. However, the Florida Industrial Commission reversed after finding that Shunk had deviated from her employment before the injury occurred. The Florida Supreme Court reviewed the case.