CourtCases2010

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Unformatted text preview: ed, Turner had been convicted for cutting his former wife in the face with a knife. Harrison's testimony at the trial revealed, in what may or may not be regarded as a bizarre coincidence, that the first wound she received from Turner was when he stabbed the knife through her cheek and into her mouth. We think [**39] the evidence met the test of causation and foreseeability, sufficient to require resolution by the jury. n6 - - - - - - - - - - - - - - - - - -Footnotes- - - - - - - - - - - - - - - - - n6 As a practical matter, argument on the foreseeability issue would appear to be foreclosed to some extent by the testimony of appellant's own witnesses to the effect that if they had known the aspects of Turner's background and character described in this opinion, they would not have hired him as a deliveryman. - - - - - - - - - - - - - - - - -End Footnotes- - - - - - - - - - - - - - - - V. ACTUAL OR APPARENT AGENCY In addition to the issues of negligent hiring or retention, the court submitted the case to the jury for consideration of liability grounded upon actual or apparent agency. To recover under a theory of vicarious liability such as actual or apparent agency, it must be shown that the agent or apparent agent's conduct was motivated, at least in part, by the purpose of serving the employer. It is entirely clear that responsibility for the intentional wrongful acts of a servantemployee may be visited upon his master-employer under the doctrine of respondeat superior only [**40] when that conduct in some way furthers the interests of the master or is at least motivated by a purpose to serve those interests, rather than the employee's own. Perez v. Zazo, 498 So.2d 463, 465 (Fla. 3d DCA 1986) (footnote omitted), citing, among others, Stinson v. Prevatt, 84 Fla. 416, 94 So. 656 (1922); see also, Schwartz v. Zippy Mart, Inc., 470 So.2d 720 (Fla. 1st DCA 1985), overruled on other grounds, Byrd v. Richardson-Greenshields Securities, 552 So.2d 1099 (Fla. 1989); Nazareth v. Herndon Ambulance Service, Inc., 467 So.2d 1076 (Fla. 5th DCA), rev....
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.

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