CourtCases2010

However since the several issues were submitted to

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Unformatted text preview: uction, "If Yes, give details (omit minor traffic violations)." At least two of Tallahassee Furniture's representatives testified that it could be assumed that if the employment application had been requested, Turner would have furnished the information requested. II. GENERAL VERDICT As above noted, the case was submitted to the jury upon three alleged bases for liability: actual or apparent agency, negligent [**9] hiring, and negligent retention of the employee, Turner. However, since the several issues were submitted to the jury for consideration and return of a general verdict, without specifying the theory of recovery upon which liability was based, a favorable verdict for the plaintiff must be upheld if the evidence supports recovery on any one of the several theories alleged. Whitman v. Castlewood International [*750] Corp., 383 So.2d 618 (Fla. 1980); Dean Witter Reynolds, Inc. v. Hammock, 489 So.2d 761 (Fla. 1st DCA 1986); Maser v. Fioretti, 498 So.2d 568 (Fla. 5th DCA 1986). Therefore, even if it is assumed, as appellant argues, that the case was improperly submitted to the jury on the issue of actual or apparent agency, the jury verdict must nevertheless be upheld if the evidence was sufficient to submit the issues of negligent hiring or retention to the jury. Further discussion of the agency issue will be deferred until later in this opinion, and we will turn our attention to the issue of negligent hiring or retention. III. NEGLIGENT HIRING OR RETENTION 35 The concept of employer liability for negligent hiring or retention of an [**10] employee is not of recent vintage in the law of Florida, having found clear expression at least by 1954 in Mallory v. O'Neil, 69 So.2d 313 (Fla. 1954) (complaint alleged agent and caretaker of apartments, known to have prior record of charge and trial for assault to commit murder, but nevertheless kept on premises by owner, secured a gun and shot a tenant). Finding that the complaint stated a cause of action, the court stated th...
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