THE WACKENHUT CORPORATION, A FLORIDA CORPORATION, APPELLANT,
v.
CARMELINE GREENE, APPELLEE
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.
Wackenhut Corporation appealed a jury verdict awarding $15,000 in damages to an employee for intentional torts committed by Wackenhut's employees. The court affirmed, holding that an employer may be held vicariously liable for intentional torts of employees when the acts were committed in furtherance of the employer's business or interest.
An employer may be held vicariously liable for intentional torts of employees where evidence shows or from which a reasonable inference could be drawn that the acts were committed in furtherance of the employer's business or interest. The court found sufficient, competent and substantial evidence in the record to sustain the jury verdict and final judgment for both compensatory and punitive damages.
[1] An employer may be liable for the intentional torts of its employees if the tort was committed in furtherance of the employer's interests or for its benefit.
[2] A jury's finding of an employer's liability for an employee's intentional tort, based on sufficient competent and substantial evidence, will be sustained on appeal.
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“there is such evidence, or evidence from which a reasonable inference could be drawn to sustain a finding by the jury that the acts of the employees of this defendant were committed in the furtherance of the employer's interest or for its benefit.”
Establishes the standard for vicarious liability: evidence need not directly prove intentional conduct was authorized, but may support an inference that acts furthered the employer's interest.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceCarmeline Greene obtained a jury verdict against Wackenhut Corporation for $6,000 in compensatory damages and $9,000 in punitive damages. The case inv…
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 Intentional Tort cases and more on FLexlaw
The Wackenhut Corporation, defendant below, appeals from a final judgment for the plaintiff Carmeline Greene rendered after a jury verdict which awarded her $6,-000 for compensatory and $9,000 for punitive damages.
Under Point One the defendant argues that it is not liable for the intentional torts of its employees where the evidence did not show that the tort was directed, authorized, ratified, or approved by it or committed in furtherance of its interest.
Without detailing the myriad of conflicting facts, we find from a review of the record on appeal that this issue was properly submitted to the jury for determination and that there is sufficient, competent and substantial evidence to sustain the jury verdict and final judgment. See Dieas v. Associates Loan Company, Fla. 1957, 99 So.2d 279; Stinson v. Prevatt, 84 Fla. 416, 94 So. 656 (1922); Sixty-Six, Inc. v. Finley, Fla.App.1969, 224 So.2d 381; Soden v. Starkman, Fla.App.1969, 218 So.2d 763; Dye v. Reichard, Fla.App.1966, 183 So.2d 863; N & B Corporation v. Hughes, Fla.App.1964, 170 So.2d 101; and Columbia By the Sea, Inc. v. Petty, Fla.App.1963, 157 So. 2d 190.
The defendant places great reliance upon M R & R Trucking Company v. Griffin, Fla.App.1967, 198 So.2d 879. We think it inappropriate for, among other reasons, there was no evidence in that record “tending to prove that the act of the employee resulting in injury to plaintiff was committed in the furtherance of the employer’s interest or for its benefit.” 198 So.2d at 884.
In this record on appeal there is such evidence, or evidence from which a reasonable inference could be drawn to sustain a finding by the jury that the acts of the employees of this defendant were committed in the furtherance of the employer’s interest or for its benefit.
Under Point Two, the defendant argues that it may not be held liable in punitive damages for intentional torts of its employees where it was not shown that the corporate defendant was guilty of conduct constituting a punishable offense.
While we do not agree with the legal question as framed and argued by this point on appeal we find from the record that there is sufficient, competent evidence in the record on appeal to sustain the jury in finding punitive damages for the plaintiff. Although the evidence was conflicting the jury could find, or reasonably infer that the acts of the defendant’s employees were committed in furtherance of the defendant employer’s business or interest.
*433Defendant’s final point for reversal is directed toward the asserted error of a charge given to the jury by the trial court on the question of its vicarious liability for the intentional torts of its employees.
We do not believe that the defendant properly preserved this point for appeal. See Rule 1.470(b), RCP, 30 F.S.A. Sharpsteen v. Keesler, Fla.App.1965, 178 So.2d 623; Henningsen v. Smith, Fla.App.1965, 174 So.2d 85; and Karp v. Hodor, Fla.App. 1964, 166 So.2d 597. Assuming arguendo that the point was properly preserved for consideration on appeal we note that the charge given was similar to charge 3.3b of the Standard Florida Jury Instructions and we find that the instructions as a whole were proper and correct under the facts in issue in this case. Florida Eastcoast Railway Co. v. McKinney, Fla.App. 1969, 227 So.2d 99.
The final judgment herein appealed is accordingly
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Thompson v. Orange Lake Country Club, Inc., 224 F. Supp. 2d 1368 (M.D. Fla. 2002)
Authorities Cited (12 total)
- Columbia BY THE SEA, Inc. v. Petty, 157 So. 2d 190 (Fla. 2d DCA 1963)
- Stinson v. Prevatt, 84 Fla. 416 (Fla. 1922)
- Henningsen v. Smith, 174 So. 2d 85 (Fla. 2d DCA 1965)
- Sixty-Six, Inc. v. Finley, 224 So. 2d 381 (Fla. 3d DCA 1969)
- Dieas v. Assocs. Loan Co., 99 So. 2d 279 (Fla. 1957)
- Fla. E. Coast Ry. Co. v. Delbert D. McKINNEY, 227 So. 2d 99 (Fla. 1st DCA 1969)
- Soden v. Starkman, 218 So. 2d 763 (Fla. 3d DCA 1969)
- DYE v. Russel Reichard and Marjorie Reichard, 183 So. 2d 863 (Fla. 4th DCA 1966)
- Sol Karp v. Hodor, 166 So. 2d 597 (Fla. 3d DCA 1964)
- M R & R Trucking Co. v. Griffin, 198 So. 2d 879 (Fla. 1st DCA 1967)