NICHOLAS P. VALERIANI, APPELLANT,
v.
J. C. DAVIS, AND PAUL MARKS, HERMAN MARKS, EUGENE MARKS, AND STANLEY MARKS D/B/A MARKS BROTHERS CONSTRUCTION COMPANY, A PARTNERSHIP AND MARKS BROTHERS PAVING CO., A FLORIDA CORPORATION, APPELLEES
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.
The appellate court reversed a summary judgment for a partnership in a damages action for assault, finding that triable issues of fact existed regarding the partnership's liability for its truck driver's alleged assault.
Yes, there were triable issues of fact regarding the partnership's liability for the alleged assault by its truck driver, which could not be resolved on a motion for summary judgment.
“There were triable issues relating to the liability of the partnership for the alleged assault by its employed driver which could not be resolved on motion for summary judgment, including whether or not an unprovoked assault was made upon the plaintiff, and whether through knowledge of propensities of the driver or in view of the nature of his duties the defendant partnership could be deemed reasonably to have anticipated that its truck driver might commit such an intentional tort.”
Establishes the existence of triable issues of fact that precluded summary judgment.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe plaintiff sued a truck driver and his alleged employers, a partnership and a corporation, for damages resulting from an assault. The partnership a…
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.
Explore caselaw by topic → Browse Assault cases and more on FLexlaw
In this action for damages for an alleged assault, brought against a truck driver and a partnership and a corporation as to which it was alleged one or the other was his employer, summary judgment was entered for the partnership and the corporation. The plaintiff appealed and seeks reversal of the summary judgment rendered in favor of the partnership. There were triable issues relating to the liability of the partnership for the alleged assault by its employed driver which could not be resolved on motion for summary judgment, including whether or not an unprovoked assault was made upon the plaintiff, and whether through knowledge of propensities of the driver or in view of the nature of his duties the defendant partnership could be deemed reasonably to have anticipated that its truck driver might commit such an intentional tort. See Dieas v. Associates Loan Co., Fla.1957, 99 So.2d 279; Fields v. Sanders, 29 Cal.2d 834, 180 P.2d 684, 172 A.L.R. 525 (1947); Restatement (Second), Agency § 245 (1958). The summary judgment entered on the motion of the defendant partnership consisting of Paul Marks, Herman Marks, Eugene Marks and Stanley Marks, doing business under the firm name and style of Marks Brothers Construction Company, is hereby reversed.