Jenkins v. Milliken, 86-2107
| Decision Date | 05 November 1986 |
| Docket Number | No. 86-2107,86-2107 |
| Citation | 498 So.2d 495,11 Fla. L. Weekly 2341 |
| Parties | 11 Fla. L. Weekly 2341, 11 Fla. L. Weekly 2638 Wient B. JENKINS and Cairn Holding Company d/b/a Brandywine, Petitioners, v. John B. MILLIKEN and Joan Milliken, his wife, Respondents. |
| Court | Florida District Court of Appeals |
D. James Kadyk and Cody Fowler Davis of Macfarlane, Ferguson, Allison & Kelly, Tampa, for petitioners.
Brian B. Eisenstadt of Riden, Watson & Goldstein, P.A., St. Petersburg, for respondents.
This is a petition for certiorari from the denial of a motion for protective order attempting to avoid furnishing financial information.
Respondents (Millikens) filed suit for compensatory and punitive damages against petitioners (Brandywine and Wient Jenkins) for injuries suffered by Mr. Milliken in an incident that took place at the Brandywine apartment complex clubhouse. Jenkins, a property attendant employed by Brandywine, asked the Millikens to reduce the noise level at their wedding party. A dispute ensued, and Jenkins struck Mr. Milliken on the head with a flashlight. In the course of discovery, the Millikens served interrogatories and requests for production seeking detailed financial data from Brandywine. The court ordered Brandywine to furnish the requested information.
An order which requires the disclosure of financial information in support of a claim for punitive damages provides a proper predicate for certiorari jurisdiction. Solodky v. Wilson, 474 So.2d 1231 (Fla. 5th DCA 1985). If Brandywine is correct that it cannot be held liable for punitive damages, an appeal from the final judgment would come too late because Brandywine would have already disclosed the requested data.
On the merits, the Millikens point to Henkel v. Jasin, 425 So.2d 1219 (Fla. 2d DCA 1983), in which we declined to overturn an order requiring the disclosure of financial records because the complaint for punitive damages had not been shown wanting. Here, the Millikens' allegations of negligent hiring and retention of Jenkins were sufficient to state a claim for punitive damages against Brandywine because an employer need only be at fault in order to be held vicariously liable for punitive damages occasioned by the misconduct of its employee. Mercury Motors Express, Inc. v. Smith, 393 So.2d 545 (Fla.1981).
However, in addition to the complaint, the record also contains the depositions of the Millikens and Jenkins as well as that of Delores Clark, the district manager for Brandywine who hired Jenkins. Apparently, Jenkins had been living in one of the Brandywine apartments when he was hired. Before hiring Jenkins, Ms. Clark reviewed his job application as well as his previous rental application and also conducted an interview. She inquired into Jenkins' work experience and the state of his health and learned that he had not been convicted of a felony. Ms. Clark made it clear to Jenkins that the position was that of a property attendant and not that of a security guard and explained that the duties consisted of locking up the pools at night, checking the laundries for vagrants, and tagging inoperable cars. Additionally, she instructed him that if there was a complaint of noise, he was to ask the participants to keep quiet, and if he did not get an immediate response, he was to call the police. Jenkins stated that he had previously worked as a heavy equipment operator and a truck driver and had served in the Coast Guard. He had never been arrested for assault or battery and had only been convicted of minor traffic violations. There is no indication that Jenkins had been involved in prior altercations while working for Brandywine.
When an employee is hired to work outside with only incidental contact with others, it is ordinarily sufficient to obtain past employment information and personal data. Williams v. Feather Sound, Inc., 386...
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...conduct of the employer's hireling. See, e.g., Mallory v. O'Neil, 69 So.2d 313 (Fla. 1954) (negligent hiring); Jenkins v. Milliken, 498 So.2d 495 (Fla.2nd Dist.Ct.App. 1986) (same); Walsingham v. Browning, 525 So.2d 996 (Fla.1st Dist.Ct.App.1988) (negligent supervision); Doe v. Ft. Lauderda......
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Hartford Acc. & Indem. Co. v. U.S.C.P. Co.
...motion to strike, have held discovery orders improper because the claim precluded an award of punitive damages. See Jenkins v. Milliken, 498 So.2d 495 (Fla. 2d DCA 1986); Solodky v. Wilson, 474 So.2d 1231 (Fla. 5th DCA 1985); United States Fire Insurance Co. v. Clearwater Oaks Bank, 421 So.......
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Martin-Johnson, Inc. v. Savage
...motion to strike, have held discovery orders improper because the claim precluded an award of punitive damages. See Jenkins v. Milliken, 498 So.2d 495 (Fla. 2d DCA 1986); Solodky v. Wilson, 474 So.2d 1231 (Fla. 5th DCA 1985); United States Fire Insurance Co. v. Clearwater Oaks Bank, 421 So.......
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...(10) Id. (11) Id. (12) Id. (citing Wright v. Sterling Drugs, Inc., 287 So. 2d 376 (Fla. 2d D.C.A. 1973)). (13) E.g., Jenkins v. Milliken, 498 So. 2d 495 (Fla. 2d D.C.A. 1986); Solodky v. Wilson, 474 So. 2d 1231 (Fla. 5th D.C.A. 1985); United States Fire Ins. Co. v. Clearwater Oaks Bank, 421......