WAL-MART STORES, INC., ETC., PETITIONER,
v.
SANDRA COKER, ETC., RESPONDENT
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Florida Supreme Court held that a negligent security action is not an action based on an intentional tort under section 768.81(4)(b), and the trial court properly excluded the criminal non-party tortfeasor from the verdict form.
A negligence action alleging failure to employ reasonable security measures is not an action based on an intentional tort under Florida Statutes section 768.81(4)(b), even when the omission results in a criminal act by a non-party.
[1] A negligence action based on failure to provide reasonable security measures is not an action based on an intentional tort under Florida Statutes section 768.81(4)(b), an…
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Join FLexlaw to unlock all legal intelligenceWal-Mart Stores was sued for negligence in failing to employ reasonable security measures, with the plaintiff's injury resulting from an intentional c…
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HARDING, Justice.
We have for review Wal-Mart Stores, Inc. v. Estate of Coker, 22 Fla. L. Weekly D1561, — So. 2d - (Fla. 1st DCA June 23,1997), in which the First District Court of Appeal certified the following questions to be of great public importance:
IS AN ACTION ALLEGING THE NEGLIGENCE OF THE DEFENDANTS IN FAILING TO EMPLOY REASONABLE SECURITY MEASURES, WITH SAID OMISSION RESULTING IN AN INTENTIONAL, CRIMINAL ACT BEING PERPETRATED UPON THE PLAINTIFF BY A NON-PARTY ON PROPERTY CONTROLLED BY THE DEFENDANTS, AN “ACTION BASED UPON AN INTENTIONAL TORT” PURSUANT TO SECTION 768.81(4)(b), FLORIDA STATUTES (1993), SO THAT THE DOCTRINE OF JOINT AND SEVERAL LIABILITY APPLIES?
IN SUCH AN ACTION, IS IT REVERSIBLE ERROR FOR THE TRIAL COURT TO EXCLUDE AN INTENTIONAL, CRIMINAL NON-PARTY TORTFEASOR FROM THE VERDICT FORM?
We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution. In Merrill Crossings Associates v. McDonald, 705 So. 2d 560 (Fla.1997), this Court answered the first question in the affirmative and the second question in the negative. Accordingly, we approve the decision of the district court and remand this case for proceedings consistent -with our opinion.
It is so ordered.
KOGAN, C.J., and OVERTON, SHAW, WELLS, ANSTEAD and PARIENTE, JJ., concur.
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State v. Glatzmayer, 789 So. 2d 297 (Fla. 2001)…July 8, 1999. . See, e.g., Schneckloth v. Bustamonte, 412 U.S. 218, 248-49, 93 S.Ct. 2041, 36 L.Ed.2d 854 (1973) (“Voluntariness [of a consent to search] is a question of fact to be determined from all the circumstances.... ”); Jorgenson v. State, 714 So. 2d 423, 426 (Fla.1998) ("The question of whether a consent [to search] is voluntary is a question of fact to be determined from the totality of the circumstances.”); Washington v. State, 653 So. 2d 362, 364 (Fla.1994) (same); Reynolds v. State, 592 So. 2d…
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Larkins v. State, 739 So. 2d 90 (Fla. 1999)…tors, we find the above cases to be distinguishable from the facts in the instant case. . In fact, we recently found a death sentence disproportionate in a case involving a prior murder aggravator and only modest mitigation. See Jorgenson v. State, 714 So. 2d 423 (Fla.1998). In Jorgenson we relied on mitigating circumstances surrounding the prior murder in determining its importance in our proportionality analysis. Similarly here, it is appropriate to consider the time since the prior violent felony was comm…
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Rodgers v. State, 948 So. 2d 655 (Fla. 2006)…933-34 (holding that death sentence was disproportionate where, after striking ag-gravator, defendant was left with a single aggravator and substantial mitigation including “a brutal childhood and vast mental health mitigation”); Jorgenson v. State, 714 So. 2d 423, 425, 428 (Fla.1998) (finding death disproportionate where the sole ag-gravator consisted of a prior conviction for second-degree murder many years before, and where the mitigation consisted of two statutory and three nonstatutory circumstances); Be…
Previewing 3 of 35 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Merrill Crossings Assocs. v. McDONALD, 705 So. 2d 560 (Fla. 1997)