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Non-Compete Agreement" contains a forum selection clause in which Hatfield waived
any objection to personal jurisdiction in Florida. The only significant difference between
this case and Whitlock is that Hatfield never has worked for AutoNation in Florida, while
Whitlock worked for AutoNation in Florida for six months. However, the majority of the
Whitlock decision focused on Whitlock's activities while he worked in Georgia and made
no mention of any activities while he worked in Florida. Moreover, comparing this case
to Nordmark, the employee there never lived nor worked in Florida, and there was no
mention of any forum selection clause. The Second District still found that the
complaint's allegations, if true, supported personal jurisdiction.
In sum, based on the record, the trial court correctly denied Hatfield's motion to dismiss
for lack of personal jurisdiction. Therefore, we affirm.
Affirmed. 245 246 247 Case # 24 PERL vs. K-MART
576 So.2d 412, 16 Fla. L. Weekly 751
District Court of Appeal of Florida,
Elizabeth PERL, Appellant,
K-MART CORPORATION, Appellee.
March 19, 1991.
Rehearing Denied June 27, 1991.
Discount store customer appealed from judgment of the Circuit Court, Dade County,
George Orr, J., in her slip-and-fall action. The District Court of Appeal, Nesbitt, J., held
that customer was entitled to directed verdict on issue of negligence, regardless of
whether she may have been contributorily negligent.
Reversed and remanded.
Discount store breached duty of care it owed customer who slipped and fell on hanger on
floor; employee whom customer was following did not act when confronted with hanger
directly in customer's path, a known hazardous condition as evidenced by testimony of
numerous witnesses and personnel safety handbook.
Directed verdict may still lie as against defendant whose negligent acts are less than the
sole proximate cause of injury.
*413 Grover, Ciment, Weinstein, Stauber & Friedman and Marvin Weinstein, Miami
Beach, for appellant.
Peters, Pickle, Niemoeller, Robertson, Lax & Parsons and Yvette Rhodes Prescott,
Miami, for appellee.
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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