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Unformatted text preview: at superior is inapplicable. The cases cited by appellee in support of her theory
of liability under this principle are distinguishable by the fact that, in those cases, there
was evidence from which it could be concluded that the acts of the agent were in
furtherance of his employment in some manner, whereas no such evidence is present in
In M.V. v. Gulf Ridge Council Boy Scouts of America, Inc., 529 So.2d 1248, 1249
(Fla.2d DCA 1988), the court held a jury issue was presented on the question of liability
under the doctrine of respondeat superior in an action for emotional distress suffered by a
boy scout subjected to intentional homosexual acts following medically-permitted
touching. This created a jury question "of whether the employee's intentional [**43] tort
was within the scope of his employment with appellee." Id.
The court similarly held in Parsons v. Weinstein Enterprises, Inc., 387 So.2d 1044 (Fla.
3d DCA 1980), that a jury issue was presented where a bar patron was beaten by servants
of the bar after the patron broke a light. The court found that a jury could have reasonably
concluded from the evidence that at least some of the attackers were employees acting to
avenge the damage with the tacit approval of the bar's owner. Also, in Rivas v.
Nationwide Personal Security Corp., 559 So.2d 668 (Fla. 3d DCA 1990), the court found 47 that it was error to direct a verdict in favor of a security company whose employee struck
a supermarket cashier at the supermarket where the guard was assigned, since the jury
could have found that the assault and battery arose out of and was in the course and scope
Thus, although we agree with appellant that submission of the case to the jury on the
theory of actual or apparent agency was error, this error does not require reversal since,
as stated in our discussion of the general verdict rendered by the jury, the evidence was
sufficient to support [**44] the verdict of liability against appellant based upon the
theories of negligent hiring or retention.
VI. ADMISSION OF PSYCHIATRIC, CRIMINAL, AND JUVENILE REC...
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- Spring '08