JERRY W. SMITH, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Cook v. BAY Area Renaissance Festival OF Largo, Inc., 164 So. 3d 120 (Fla. 2d DCA 2015)
  …ion or approval from the landowner. These facts all combine to suggest that Bay Area exercised control over the relevant premises, which created a question of fact for the jury that precludes summary judgment. See Goss v. Human Servs. Assocs., Inc., 79 So. 3d 127,131 (Fla. 5th DCA 2012). Bay Area now argues in the alternative that even if it exercised control over the premises, because the exposed pipe was open and obvious, it had no duty to warn Cook of the hazard. See Dampier v. Morgan Tire & Auto, LLC, 8…
• Metsker v. Carefree/Scott Fetzer Co., 90 So. 3d 973 (Fla. 2d DCA 2012)
  …ntrol of the booth when Ms. Metsker [*979] was injured. Carefree’s exercise of the right to direct the staffing of the booth tends to support an inference that it at least shared control of the booth with DRG. See Goss v. Human Servs. Assocs., Inc., 79 So. 3d 127 (Fla. 5th DCA 2012) (holding that there was a genuine issue of material fact with regard to whether the operator of a group care facility or its subcontracted management/consultant company was in actual control of the facility at the time of a resid…
• G4S Secure Solutions USA, Inc. v. Taliya Golzar, 208 So. 3d 204 (Fla. 3d DCA 2016)
  …in this case. There is no indication in Abril, or in any other case cited to us, that an employer should be vicariously liable for an intentional tort of its employee committed outside the scope of employment. See Goss v. Human Servs. Assocs, Inc., 79 So. 3d 127, 132 (Fla. 5th DCA 2012). IV. Conclusion While we are indeed sympathetic with Golzar in this case, and find Owens’s behavior to be reprehensible, in our view, these considerations are not sufficient to waive the applicability of Florida’s impact r…

Authorities Cited

• Jasper Little v. State, 77 So. 3d 722 (Fla. 3d DCA 2011)
• Adams v. State, 76 So. 3d 367 (Fla. 3d DCA 2011)