JOHN AND JANE DOE, APPELLANTS,
v.
FT. LAUDERDALE MEDICAL CENTER MANAGEMENT, INC., APPELLEE

Fla. 4th DCA | 1988-03-09
No. 87-0494
DOWNEY and WALDEN, JJ., concur.
522 So. 2d 80 Florida District Court of Appeal, Fourth District (1988) Positive Treatment
Cited by 3 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Jane Doe alleged sexual battery by a medical center manager who fraudulently represented himself as a doctor during a job interview physical examination. The court reversed summary judgment, finding material issues of fact regarding apparent authority, negligent supervision, and breach of implied contract theories of liability against the employer.


Holding

Summary judgment was improper. While the court agreed it was proper regarding the direct agency theory, material issues of fact existed regarding apparent authority, negligent supervision or retention, and breach of implied contract to safeguard the plaintiff's welfare—theories that should not be ruled out at the summary judgment stage.


Headnotes

[1] Summary judgment is improper when material issues of fact exist regarding theories of respondeat superior based on apparent authority, negligent supervision or retention,…

[2] A medical facility may be liable for the actions of its manager who, while interviewing a job applicant, falsely represents himself as a doctor and performs an unauthoriz…

Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“Read in a light most favorable to the Does, the record in this case established that Jane Doe went to the Center in response to a newspaper ad to apply for the position of a medical assistant.”

Establishes the standard of review for summary judgment—facts must be construed in favor of the non-moving party.

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Jane Doe responded to a newspaper advertisement to apply for a medical assistant position at Ft. Lauderdale Medical Center. During the interview, mana…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
SHARP, W., Associate Judge.

SHARP, W., Associate Judge.

John and Jane Doe appeal from a summary judgment which denied them any relief in their suit for damages against the Ft. Lauderdale Medical Center Management, Inc. Jane sought to prove that Bie-ber, the Center’s manager, committed a sexual battery on her when she interviewed at the Center for a job. We reverse.

Read in a light most favorable to the Does, [See Delaney v. Breeding’s Homestead Drug Co., 93 So. 2d 116 (Fla.1957); Elmore v. Vatrano, 485 So. 2d 888 (Fla. 1st DCA Fla.1986)], the record in this case established that Jane Doe went to the Center in response to a newspaper ad to apply for the position of a medical assistant. After filling out an application, Jane was then escorted by Bieber into a medical examination room where she was interviewed.

During the interview, Bieber told her he was a part owner of the medical center and he was one of the doctors on the staff. After concluding the job interview, Bieber told Jane it was necessary for medical insurance purposes for her to have a physical examination. He advised her to get the physical done immediately so that if the Board of Directors approved, she could start work the following Monday.

Bieber said the medical insurance company was particularly concerned with cancer, and that he would have to check her for lumps. He then proceeded to probe Jane’s neck, arms, and breasts. After she said she had had a recent urinary tract infection, he also felt her abdomen and upper inner thighs.

The record also established that Bieber had in the past represented himself as being a medical doctor. He sometimes introduced himself to patients and others as “Dr. Bieber.” He sometimes wore a white jacket, typically worn by doctors. The Center’s employees knew of these incidents. He was once reprimanded by his supervisor for referring to himself as a medical doctor. The Center clearly authorized Bieber to interview job applicants for the staff and allowed him access to a medical examination room for such purposes. Jane was just one of three job applicants Bieber told he was a medical doctor and from whom Bieber requested permission to do a physical examination. A physical examination as a prerequisite to employment is not an unusual requirement for a prospective employee in a health or medical facility.

The Does pled four theories of liability against the Center: (1) the acts of Bieber were the same as the acts of the Center because he was a managing agent; (2) respondeat superior, based on apparent authority; (3) negligent supervision or retention of Bieber as an employee; and (4) breach of an implied contract to safeguard Jane’s welfare while she was at the Center. We agree summary judgment was proper regarding the first theory. However, we think there were material issues of fact raised by this record regarding the second, third, and fourth theories of recovery. City of Miami v. Simpson, 172 So. 2d 435 (Fla.1965); Singer v. Star, 510 So. 2d 637 (Fla. 4th DCA 1987); McArthur Jersey Farm Dairy, Inc. v. Burke, 240 So. 2d 198 (Fla. 4th DCA 1970).

The fourth theory, breach of implied contract, has not yet been relied upon by a case decided in Florida, although it has been noted. See Stone v. William M. Eisen Co., 219 N.Y. 205, 114 N.E. 44 (N.Y.1916); Martin v. United Security Services, Inc., 373 So. 2d 720 (Fla. 1st DCA 1979) (Erwin, J., concurring specially); Nazareth v. Herndon Ambulance Service, Inc., 467 So. 2d 1076, 1079 (Fla. 5th DCA), rev. denied, 478 So. 2d 53 (Fla.1985). We do not think this theory should be ruled out at this stage of the case.

Accordingly, we reverse the summary judgment and remand for further proceedings consistent with this opinion.

REVERSED AND REMANDED.

DOWNEY and WALDEN, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Taylor v. Phoenix Ins. Co., 622 So. 2d 506 (Fla. 5th DCA 1993)
    …vis at 1420-1421; Wausau at 108. . Moore v. Morris, 475 So. 2d 666 (Fla.1985); Landers v. Milton, 370 So. 2d 368 (Fla.1979); Putnam v. Eaton Construction Co., 535 So. 2d 615 (Fla. 5th DCA1988); Doe v. Ft. Lauderdale Medical Center Management, Inc., 522 So. 2d 80 (Fla. 4th DCA1988). . See Quarles v. State Farm Mutual Automobile Insurance Co., 533 So. 2d 809 (Fla. 5th DCA1988) (shotgun which discharged accidently while being unloaded on gun rack affixed to a pickup truck, held sufficiently connected to use o…
  • Kamenesh v. City of Miami, 772 F. Supp. 583 (S.D. Fla. 1991)
    …3 (Fla.1954) (negligent hiring); Jenkins v. Milliken, 498 So.2d 495 (Fla.2nd Dist.Ct.App. 1986) (same); Walsingham v. Browning, 525 So.2d 996 (Fla.lst Dist.Ct.App.1988) (negligent supervision); Doe v. Ft. Lauderdale Med. Ctr. Mgt., 522 So.2d 80 (Fla. 4th Dist.Ct.App.1988) (same); Great Atlantic & Pacific Tea Co. v. Jones, 294 F.2d 495 (5th Cir.1961) (employer’s duty to provide competent fellow employees and safe work environment); McGee v. C. Ed. DeBrauwere & Co., 117 Fla. 859,…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw