CARMEN WAYNE, APPELLANT,
v.
UNIGARD MUTUAL INSURANCE COMPANY, ETC., ET AL., APPELLEES
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Carmen Wayne appealed the grant of summary judgment in her negligence action against a condominium association and its insurer following an attack by a recently terminated employee. The court affirmed summary judgment, holding that the association could not be liable under respondeat superior for acts committed after termination, that there was no evidence supporting negligent hiring, and that condominium associations have no duty to notify members of employee terminations.
The court held that the association could not be liable under any of the three theories. Respondeat superior does not apply to acts committed after employment termination. There was insufficient evidence of negligent hiring because Burns had no prior criminal record or known propensity for violence, and Wayne herself had participated in the meeting where Burns was hired. The association had no legal duty to notify condominium members of custodial employee terminations.
[1] An employer cannot be held liable under the doctrine of respondeat superior for the actions of an employee if the incident occurred after the employee's termination.
[2] A plaintiff alleging negligent hiring must present evidence demonstrating the employer's knowledge of the employee's dangerous character or propensity for violence.
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Join FLexlaw to unlock all legal intelligence“Thus, there can be no liability under the rule of respondeat superior.”
Establishes that the association cannot be held liable for Burns' actions after his employment was terminated, as respondeat superior requires an employment relationship at the time of the tort.
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Join FLexlaw to unlock all legal intelligenceLarry Burns was employed as a maintenance man by Rene Condominium Association. Burns was terminated for absenteeism. Six days after his termination, B…
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PER CURIAM.
Plaintiff in the trial court appeals an order granting defendants’ motion for summary judgment in this negligence action.
This suit resulted from an attack on the plaintiff by one Larry Burns six days after his employment had been terminated by the Rene Condominium Association for absenteeism. Plaintiff, Carmen Wayne, a condominium owner, filed a complaint against the association, its liability insurer, Uni- gard Mutual Insurance Company, and others and alleged negligence on the part of Rene Condominium Association, Inc. in employing Larry Burns as a maintenance man as the association should have known of his dangerous character and reputation for violence. Plaintiff further alleged that she was not notified of the termination of Burns. After pretrial discovery, defendants filed a motion for summary final judgment which was granted after a hearing on said motion. Plaintiff, Carmen Wayne, appeals therefrom. We affirm.
First, it is undisputed that the incident in question occurred after Larry • Burns had been terminated from the employ of the defendant association. Thus, there can be no liability under the rule of respondeat superior. .See 21 Fla.Jur. Master and Servant § 71 (1958) and cases cited therein.
As to the theory of the negligent hiring of Burns, counsel for plaintiff admitted that he had no information to establish any prior criminal record of Larry Burns nor would an examination of the past record of Burns evidence any propensity for violence. In addition, plaintiff-appellant herself participated in the condominium association meeting at which Burns was introduced as being hired as a maintenance man.
Last, with respect to the contention that the defendant association was under a duty to inform plaintiff Wayne that Burns had been discharged from his employment, counsel for plaintiff again admitted that he could cite to no law which would require the management of a condominium association to notify each member of the condominium association after it terminates the employment of a custodial employee.
For the reasons stated hereinabove, the order granting summary final judgment is affirmed.
Affirmed.
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