CourtCases2010

I understand that as a requirement for consideration

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Unformatted text preview: dures should be applied with special caution in negligence and malpractice actions. Holl, 191 So.2d at 46; Accord Moore v. Morris, 475 So.2d 666 (Fla.1985). Where the case is close on the question of negligence, the question should always be resolved in favor of a jury trial. Holl, 191 So.2d at 40; Holmes v. Forty-Five Twenty-Five, Inc., 133 So.2d 651 (Fla. 3d DCA 1961). When considering a summary judgment motion, it should be denied if there's even the *415 slightest doubt concerning a material issue of fact. See Besco U.S.A. Int'l Corp. v. Home Savings of America F.S.B., 675 So.2d 687 (Fla. 5th DCA 1996). All reasonable inferences are to be construed in 88 favor of the party opposing summary judgment, as well. See White v. Whiddon, 670 So.2d 131, 133 (Fla. 1st DCA 1996). [2] The trial court erred when it failed to construe all reasonable inferences in favor of Wal-Mart in this case. Contrary to the trial court's finding of fact that "Plaintiff only authorized the results of an approved Department of Transportation drug test be given to CF MotorFreight," the text of Tracz's authorization is not so limited. Nowhere in the authorization does Tracz inform Wal-Mart that only test results done pursuant to D.O.T. test strictures are to be released. [FN2] FN2. The authorization reads in pertinent part: AUTHORIZATION FOR PAST DRUG AND ALCOHOL TEST RESULTS I hereby authorize my former employers to release to CF MotorFreight the following information about me that occurred within the preceding two years from the date of this inquiry: 1. All alcohol test results of 0.04% or greater; 2. All positive Controlled Substances test results; 3. All instances in which the driver refused to submit to DOT-required Drug and/or alcohol tests; and 4. Substance abuse professional evaluations concerning the above instances and Return to Duty Results. I understand that as a requirement for consideration for employment with CF MotorFreight, federal regulations require me to give my written authorization to CF MotorFreig...
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