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Unformatted text preview: ce, nor was the knife used in the attack.
n5 Turner went to the home of a coemployee on the night before and falsely told the
employee's wife that Turner's van needed repairs and that he needed the unmarked truck
to drive to a neighboring town to check on his ailing mother. Harrison did not see the
truck Turner drove to the apartment at the time of the attack. After the attack, Turner
arrived back at the scene driving the marked van. Police investigators were unable to find
blood stains in the unmarked truck, but other evidence indicated it was the vehicle used
for travel to and from the crime scene.
- - - - - - - - - - - - - - - - -End Footnotes- - - - - - - - - - - - - - Given the facts particular to this case, we believe the cases cited by appellant are
distinguishable. In Woods, supra, [**34] the employee entered the plaintiff's home with
permission to deliver a television set, and three days later broke into the home at night
and raped the plaintiff. The court found that, as a matter of law, the act of the employee
could not have been foreseen by the employer either at the time of hiring or during the
employment, nor could the act be considered the natural or probable result of the
retention of the employee. The court pointed out, however, that it did not intend to
foreclose all causes of action for negligent hiring or retention; and that whether the hiring
or retention constitutes negligence depends upon the facts and circumstances of each
[*757] We conclude that the facts and circumstances of Woods differ from the case
before us in that here, the entry at the time of the attack was gained by consent, based
upon Harrison's previous employment-related contact with Turner, opposed to the
unlawful break-in which occurred in Woods. Further, on facts similar to those in Woods,
the Florida court in Williams found that a jury issue was presented, and on even less
compelling facts, the court in Abbott found a cause of action was stated. In addition, as 44 pointed [**35] out by appellee, the New Mexico cour...
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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