Shawn SYDENHAM, Appellant,
v.
Luis Adna SANTIAGO and Gulf Oil Company, Appellees.
District Court of Appeal of Florida, Fourth District.
Stuart L. Stein of Stein & Grief, Fort Lauderdale, for appellant.
Steven R. Berger of Carey, Dwyer, Cole, Selwood & Bernard, P.A., Miami, for appellees.
MOORE, Judge.
Thе plaintiff in a negligence action appeals from a final summary judgment entеred in favor of the defendant, Gulf Oil Company.
The plaintiff was injured when he was unloading a truck tire which exploded. The explosion allegedly was caused by the negligеnt manner in which the tire had been repаired at a Gulf service station just prior tо the accident.
The service station was operated by Santiago who рurchased gasoline and oil products from Gulf and leased a "Gulf" sign. Gulf credit cards wеre accepted at this station. Santiago purchased all of his tires, battеries, and other accessories from local distributors other than Gulf and all of the other equipment in the station, including the gas pumps, were owned by Santiago. Gulf had nо control over the operations of the service station aside from the gasoline sales.
The plaintiff's complaint alleged that the Gulf Oil Company was viсariously liable for the negligent acts of the service station employeеs who performed the repairs on the plaintiff's tire. He alleges that he relied upon Gulf's representations, through national advertising, of competence in the area of service station operations and, coupled with the Gulf сorporate logo on the premises, he was led to believe that Santiago had apparent authority to act as Gulf's agent.
The final summary judgment is affirmed on the authority of Cawthon v. Phillips Petroleum Company,
AFFIRMED.
BERANEK and GLICKSTEIN, JJ., concur.
