Texas Skaggs, Inc. v. Joannides
| Decision Date | 06 July 1979 |
| Docket Number | No. 78-1225,78-1225 |
| Citation | 372 So.2d 985 |
| Parties | TEXAS SKAGGS, INC., a Foreign Corporation, and Texas Albertsons, Inc., a Foreign Corporation, Appellants, v. Patricia S. JOANNIDES and Minas Joannides, M. D., her husband, Appellees. |
| Court | Florida District Court of Appeals |
John W. Williams, J. Scott Brasfield and Jeffrey R. Fuller of Williams, Brasfield & Wertz, St. Petersburg, for appellants.
John M. Edman of Meros, Coit, Edman, Meros & Smith, St. Petersburg, for appellees.
Defendants, owners of a retail store, were found not liable in a suit for malicious prosecution arising out of their employee's arrest of a customer for shoplifting. Where no other wrongful act of the employee was alleged, can defendants still be held liable to the customer for the negligent hiring, training and retention of the employee? We hold that the employer cannot be held liable under these circumstances and reverse the trial court's judgment in favor of the customer.
On January 6, 1977, while shopping in a St. Petersburg retail store owned by Texas Skaggs, Inc., and Texas Albertsons, Inc. (Skaggs-Albertsons), Patricia S. Joannides was arrested by James Owens, the store's security guard, and charged with the shoplifting of a meat thermometer. Mrs. Joannides denied any wrongdoing. Nevertheless, Owens called police who booked Mrs. Joannides and released her on bond. She was subsequently tried for petit larceny and found not guilty.
Thereafter, Mrs. Joannides and her husband Minas Joannides, M.D., sued defendants, Skaggs-Albertsons for compensatory and punitive damages. The Joannides' amended complaint set forth three counts. They charged malicious prosecution of Mrs. Joannides by Skaggs-Albertsons in Count I, and negligence by Skaggs-Albertsons in hiring, training and retaining the guard in Count II. In Count III, Dr. Joannides set forth a derivative claim against the defendants.
Upon conclusion of a jury trial, the court struck the claim for punitive damages as to Count II. Then, over Skaggs-Albertsons' objection, the trial judge gave the jury special verdict instructions which included the following:
THE COURT: This is entitled Special Verdict Form, please answer the following questions as indicated.
Question number one, did Texas Skaggs Inc. and Texas Albertsons Inc. maliciously prosecute Patricia S. Joannides?
If your answer is no, go no further on question one and move to question two.
2. Were the defendants, Texas Skaggs Inc., and Texas Albertsons Inc., negligent in the hiring, training or retention of James Owens?
If your answer to question 2 is yes, please answer the following:
A, we find Patricia Joannides is entitled to compensatory damages in the amount of, blank.
B, we find that Minas Joannides is entitled to compensatory damages for the loss of his wife's services, comfort, society and attentions in the amount of, blank.
C, we find that Minas Joannides is entitled to compensatory damages for his bodily injury resulting pain and suffering and disability in the amount of, blank.
On the basis of conflicting evidence, the jury found that Skaggs-Albertsons had not maliciously prosecuted Mrs. Joannides. Nevertheless, applying the court's special verdict instructions, the jury...
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...by some negligent or other wrongful act of the employee so [negligently] hired." Id. at 437. See also, e.g., Texas Skaggs, Inc. v. Joannides, 372 So.2d 985, 987 (Fla.App.1979). 29 We are aware of no reported Texas decision to the contrary. Where liability has been imposed on the employer on......
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