Harrison v. Tallahassee Furniture Co., Inc., No. 88-314
| Decision Date | 04 August 1988 |
| Docket Number | No. 88-314 |
| Citation | 529 So.2d 790,13 Fla. L. Weekly 1837 |
| Parties | 13 Fla. L. Weekly 1837 Elizabeth Holland HARRISON, Appellant, v. TALLAHASSEE FURNITURE CO., INC., Appellee. |
| Court | Florida District Court of Appeals |
John C. Cooper, of Douglass, Cooper, Coppins & Powell, Tallahassee, for appellant.
Robert Scott Cox, Lauchlin T. Waldoch, and Kevin S. Hennessy, of Messer, Vickers, Caparello, French & Madsen, Tallahassee, for appellee.
Appellant appeals the trial court's entry of final summary judgment in favor of appellee in a suit filed by appellant seeking damages against appellee. We reverse.
On January 1, 1986, appellant was violently attacked and severely injured in her home by John Allen Turner, an employee of appellee. She sought damages against appellee for her injuries on the theories of negligent hiring and retention of Turner, and agency liability. As the trial judge ruled in denying appellee's motion to dismiss appellant's amended complaint, appellant has adequately stated a cause of action. Compare Williams v. Feather Sound, Inc., 386 So.2d 1238 (Fla. 2d DCA 1980), Abbott v. Payne, 457 So.2d 1156 (Fla. 4th DCA 1984), and Garcia v. Duffy, 492 So.2d 435 (Fla. 2d DCA 1986). Numerous disputed issues of fact exist concerning, for example, appellee's duty, its possible breach thereof, and proximate causation, resolution of which is pivotal to the application of the legal theories propounded by appellant. Therefore, final summary judgment was inappropriate. See Williams.
REVERSED AND REMANDED for further proceedings.
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Tallahassee Furniture Co., Inc. v. Harrison
...liable on an agency theory. A summary judgment in favor of Tallahassee Furniture was reversed on appeal, Harrison v. Tallahassee Furniture Co., Inc., 529 So.2d 790 (Fla. 1st DCA 1988), when this court held that the existence of numerous issues of fact made summary judgment inappropriate. On......
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Degitz v. Southern Management Services, Inc.
...owe a duty to the Plaintiff, the breach of which must be the proximate cause of the Plaintiff's harm. See Harrison v. Tallahassee Furniture Co., 529 So.2d 790 (Fla. 1st DCA 1988). Plaintiff contends that the evidence of Mr. Copley's alleged history of sexual harassment and the Defendant's k......
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Watson v. City of Hialeah
...a duty to the plaintiff; the breach of that duty must be the proximate cause of the plaintiff's harm. See Harrison v. Tallahassee Furniture Co., 529 So.2d 790 (Fla. 1st DCA 1988) (proximate causation pivotal to legal theory of negligent hiring and retention). "Although the scope of employme......
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General Elec. Credit Corp. v. Diezel, 88-566
...was reasonably foreseeable by the defendant. We therefore see no merit in the defendant's cross appeal. See Harrison v. Tallahassee Furniture Co., 529 So.2d 790 (Fla. 1st DCA 1988); Abbott v. Payne, 457 So.2d 1156, 1157 (Fla. 4th DCA 1984); Williams v. Feather Sound, Inc., 386 So.2d 1238 (F......