Lennox Griffith appeals a final summary judgment finding that appellee, Budget Rent-A-Car Systems, Inc. was entitled to workers’ compensation immunity to this action. We affirm.
Griffith filed the action below against Budget alleging that it was vicariously liable for Stafford’s negligent operation of Budget’s vehicle under Florida’s dangerous instrumentality doctrine. Budget moved for and was granted final summary judgment on its affirmative defense of workers’ compensation immunity.
The law is well-settled, first of all, that when a dangerous instrumentality such as an automobile is leased to an employer, the lessor shares the employer’s workers’ compensation immunity from suit by the employee for personal injuries. Smith v. Ryder Truck Rentals, Inc.,
Based upon the “traveling employee’s rule,” we disagree with Griffith’s contention on this appeal. That rule, succinctly summarized in N & L Auto Parts Co. v. Doman,
[A]n employee whose work entails travel away from the employer’s premises is within the course of his employment at all times during the trip other than when there is a distinct departure for a nonessential personal errand.
Id. at 271-72. See also Garver v. Eastern Airlines,
All risks causing injury to a claimant can be brought within three categories: risks distinctly associated with the employment, risks personal to the claimant, and “neutral” risks — i.e., risks having no particular employment or personal character. Harms from the first are universally com-pensable. Those from the second are universally noncompensable. It is within the third category that most controversy in modern compensation law occurs. The view that the injury should be deemed to arise out of employment if the conditions of employment put claimant in a position to be injured by the neutral risk is gaining increased acceptance.
Id. at 541 (quoting 1 A. Larson, The Law of Workmen’s Compensation § 7.00 (1984)).
Based upon all of the foregoing authorities, we similarly conclude that under the “traveling employee rule,” Griffith’s accident was work related even when it occurred at a time when Griffith was simultaneously on a personal endeavor. Inasmuch as we have found that Griffith’s injuries to be work related, we find that the trial court correctly determined that the lessor of the automobile was likewise entitled to tort immunity from this cause. The summary judgment entered in favor of Budget is therefore affirmed.
Affirmed.
