Abbott v. Payne
| Decision Date | 31 October 1984 |
| Docket Number | No. 84-369,84-369 |
| Citation | 457 So.2d 1156 |
| Parties | Judith ABBOTT, a/k/a Judith Hanscom, Appellant, v. Randy PAYNE, et al., Appellees. |
| Court | Florida District Court of Appeals |
John R. Young of Hamilton, James, Merkle & Young, West Palm Beach, for appellant.
Theodore R. Hainline of Hainline Billing Cochran & Heath, P.A., Fort Lauderdale, for appellee, Apollo Termite & Pest Control Co.
Plaintiff/appellant appeals the order dismissing her amended complaint with prejudice. We reverse.
The amended complaint alleged the following: (1) the plaintiff contracted with the defendant, Apollo Termite & Pest Control Company, to provide regular pest control service in her home; (2) co-defendant Randy Payne was the Apollo employee designated to provide the service in plaintiff's home; (3) plaintiff worked full time so it was necessary for the appellee company to have access to her home when she was not there; (4) because Payne would have a key and independent access to her home, the plaintiff sought and obtained representations from the company that Payne was honest, reliable, and trustworthy, and that the company was fully bonded; (5) plaintiff relied on those assurances and allowed Payne into her home; and (6) shortly after his employment with the company had ended, Payne broke into plaintiff's home at night and physically assaulted her.
The amended two-count complaint claims damages against Payne in Count I for assault and battery and claims damages against the defendant/appellee Apollo in Count II for negligent hiring and employment. It is our view that the complaint states a cause of action for negligent hiring and employment.
There is no question that an employer can be liable in tort for negligent hiring and employment. Petrik v. New Hampshire Insurance Company, 379 So.2d 1287 (Fla. 1st DCA 1979). Liability can also attach for the conduct of an ex-employee. Wayne v. Unigard Mutual Insurance Company, 316 So.2d 581 (Fla. 3d DCA 1975). The question posed in this case, however, is whether or not an employer has a duty to inquire into a prospective employee's background, including past employment and references. The question has been answered affirmatively in Williams v. Feather Sound, Inc., 386 So.2d 1238 (Fla. 2d DCA 1980). In that case, the court discussed the extent of an employer's responsibility to learn pertinent facts concerning his employee's character. The Second District differentiated between an employee hired to...
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Tallahassee Furniture Co., Inc. v. Harrison
...v. Feather Sound, Inc., 386 So.2d 1238 (Fla. 2d DCA 1980), rev. denied, 392 So.2d 1374 (Fla.1981), and including Abbott v. Payne, 457 So.2d 1156 (Fla. 4th DCA 1984), and Garcia v. Duffy, 492 So.2d 435 (Fla. 2d DCA 1986), have explored the cause of action in greater depth. Although few in nu......
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Phillips v. Tlc Plumbing, Inc.
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Schecter v. Merchants Home Delivery, Inc., No. 04-CV-1071.
...obligation to make reasonable efforts to inquire into such employee's past employment and past record. See, e.g., Abbott v. Payne, 457 So.2d 1156, 1157 (Fla.Dist.Ct.App.1984). In the present case, the plaintiff attempted to introduce evidence at trial to the effect that prior to being hired......
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Negligence cases
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