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Unformatted text preview: Other Related Documents (Back to top) 90 91 92 Case # 13 K.M., D.M., D.M. v. PUBLIX SUPER MARKETS, INC.
CASE NO. 4D04-502
K.M., a minor, by and through her parent and
next friend, D.M., and D.M., individually ,
Publix a Florida
Opinion filed January 26, 2005
Appeal from the Circuit Court for the
Seventeenth Judicial Circuit, Broward County;
Leroy H. Moe, Judge; L.T. Case No. 03-10211
Nancy Little Hoffmann of Nancy Little Hoffmann, P.A., Pompano Beach, and Russell S.
Adler of Karmin, Adler & Padowitz, P.A., Fort Lauderdale, for appellants. Philip Glatzer
of Marlow, Connell, Valerius, Abrams, Adler, Newman & Lewis, Coral Gables, for
appellee. GROSS, J.
Under the facts of this unfortunate case, we hold that an employer does not have a duty to
warn one employee about a second employee’s criminal background, where the warning
pertains to the employees’ personal relationship outside of work. K.M., a minor, and her
father timely appeal an order granting a motion to dismiss for failure to state a cause of
action. See Fla. R. Civ. P. 1.140(b)(6). We therefore view the facts in the amended
complaint in the light most favorable to K.M. and her father. See, e.g., Bell v. Indian
River Mem’l Hosp., 778 So. 2d 1030, 1032 (Fla. 4th DCA 2001).
When K.M. was seven years old, her mother was employed at a Publix supermarket in
Broward County. She worked in the business office with store manager David Moses.
scheduled the mother to work in the early mornings and late afternoons. This schedule
required the mother to make child care arrangements for K.M. The mother arranged for
another Publix employee, Robert Woodlard, to babysit. Woodlard and the mother had
become friends through their Publix jobs and Woodlard agreed to care for K.M. at his
home. This arrangement enabled the mother to work the required hours. Moses was
aware that Woodlard was taking care of K.M. Because he had been contacted by the
Department of Corrections, Moses also knew that Woodlard was on parole from a
previous conviction for attempted sexual battery on a minor unde...
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