District Court of Appeal of Florida February 21, 2001, No. 3D00-1027 (Masconi v. Regueiro)

SCHWARTZ, Chief Judge

(specially concurring).

While I regard the issue as very close, I concur in reversal on the ground assigned by the court: that a jury could find that Sosa’s negligence in hurling the burning oil served the interest of his employer by preventing damage to his property and was thus itself within the scope of his employment.