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
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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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