Unformatted text preview: ot; Prosser, Law of Torts § 41 (4 th ed. 1971), quoted with
approval, Gooding v. University Hospital Building, Inc., 445 So.2d 1015, 1018 (Fla.
1984); see also Cassel v. Price, 396 So.2d 258, 266 (Fla. 1st DCA), rev. denied, 407
So.2d 1102 (Fla. 1981).
Appellant argues that the attack on Harrison resulted not from appellant's negligent hiring
or retention, but from Harrison's own "personal contacts" with Turner: Harrison's gift of
the television set to Turner at the time of the couch delivery; and Turner's return to her
apartment on New Year's Day for a receipt, together with Harrison's assent to Turner's
entering her apartment "on the personal premise of [his] needing to use the bathroom"
(quoting from appellant's brief). Appellant urges that these events were not the ordinary
sequence of Turner's employment, pointing out that the initial (and only) employmentrelated contact was without incident, and that the lapse [**29] of time between that visit
and the New Year's Day attack, approximately three months, so severed the two events
that a reasonable person could find no substantial connection between the two.
Furthermore, appellant finds the instant case analogous to: F & T Company v. Woods, 92 42 N.M. 697, 594 P.2d 745 (N.M. 1979), Strauss v. Hotel Continental Company, Inc., 610
S.W.2d 109 (Miss. App. 1980), and Watson v. City of Hialeah, 552 So.2d 1146, 553 So.
2d 1180 (Fla. 3d DCA 1989). We disagree, both as to appellant's application of the law to
the facts and its characterization of the pertinent facts of this case.
We think that it is clear, from our above discussion on the law of negligent hiring and
retention, that the courts have recognized, as a matter of law, that there can be a causal
connection between an employment-related contact in the home by an unfit or dangerous
employee and an injury inflicted on the occupant during a later, non-employment related
entry into the home. See Williams, Abbott, Garcia, and Ponticas, supra. Whether the
employment-related contact and the later event in wh...
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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.
- Spring '08