ABRAHAM DEJESUS, INDIVIDUALLY, AND AS FATHER AND NEXT FRIEND OF MARIA DEJESUS AND RUTH DEJESUS, MINORS, APPELLANTS,
v.
JEFFERSON STORES, INC., A FOREIGN CORPORATION; AND CARRIE COCHRAN, JOINTLY AND SEVERALLY, APPELLEES

Fla. 3d DCA | 1980-05-06
No. 79-1692
Before SCHWARTZ and DANIEL PEARSON, JJ., and VANN, HAROLD (Ret.), Associate Judge.
383 So. 2d 274 Florida District Court of Appeal, Third District (1980) Negative Treatment
Cited by 14 cases
Topics
Negligent Hiring Scope Of Employment Respondeat Superior

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Opinion of the Court
SCHWARTZ, Judge.

SCHWARTZ, Judge.

While shopping at a Jefferson’s store, the minor plaintiffs were deliberately attacked and severely injured by an on-duty employee. We affirm the summary judgment entered below for the employer, Jefferson Stores, Inc., because the record conclusively shows both that (1) the assaults were undertaken for reasons which were purely personal to the employee and were neither activated by a purpose to serve the master nor related in any way to the furtherance of Jefferson’s business; see Friedman v. Mutual Broadcasting System, Inc., 380 So. 2d 1313 (Fla. 3d DCA 1980) and cases cited; and (2) Jefferson had no notice of any violent propensities of the employee and therefore could not be held liable under the alternative “negligent hiring” doctrine. Friedman v. Mutual Broadcasting System, Inc., supra; compare Mallory v. O’Neil, 69 So. 2d 313 (Fla.1954); McArthur Jersey Farm Dairy, Inc. v. Burke, 240 So. 2d 198 (Fla. 4th DCA 1970).

Affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (14 total)

  • Garcia v. Duffy, 492 So. 2d 435 (Fla. 2d DCA 1986)
    …or the employer to hire the employee in light of the information he knew or should have known. See, e.g., Williams; Nazareth v. Herndon Ambulance Service, Inc., 467 [*441] So. 2d 1076 (Fla. 5th DCA 1985); see also, DeJesus v. Jefferson Stores, Inc., 383 So. 2d 274 (Fla. 3d DCA 1980). Whether an investigation was required, and if so, which factors are to be considered in determining whether the investigation was reasonable or appropriate, are two questions that will vary with the circumstances of each case. I…
  • Nazareth v. Herndon Ambulance Serv., Inc., 467 So. 2d 1076 (Fla. 5th DCA 1985)
    …f an employee, unless they were committed during the course of the employment and to further a purpose or interest, however excessive or misguided, of the employer. See Weiss v. Jacobson, 62 So. 2d 904 (Fla.1953); De Jesus v. Jefferson Stores, Inc., 383 So. 2d 274 (Fla. 3d DCA 1980); Lay v. Roux Laboratories, Inc., 379 So. 2d 451, (Fla. 1st DCA 1980); Martin v. United Securities Services, Inc., 373 So. 2d 720 (Fla. 1st DCA 1979); Andrews v. Norvell, 65 Ga.App. 241, 15 S.E. 2d 808 (1941); W. Prosser, Torts, §…
  • Perez v. Perez, 767 So. 2d 513 (Fla. 3d DCA 2000)
    …ren at the expense of the rights of a parent. 433 So. 2d at 1253 (citation omitted; emphasis in original). Other Third District cases in which there is discussion of "detriment” based on the facts of the particular case include Walfish v. Wolfish, 383 So. 2d 274, 276 (Fla. 3d DCA 1980), and Stewart v. Stewart, 261 So. 2d 864, 866 (Fla. 3d DCA 1972). . This court has, to be sure, outlined particular factual circumstances when detriment must be shown. See Ritsi v. Ritsi, 160 So. 2d 159 (Fla. 3d DCA 1964). Bu…

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