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Moses was aware that woodlard was taking care of km

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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 , Appellants Publix a Florida corporation, Appellee. 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 (13). 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. 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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