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Unformatted text preview: Paul ("Paul") appeals an order of the trial court granting summary judgment
in favor of Professional Medical Products, Inc. ("PMP") and Paul Holbrook ("Holbrook")
on Paul's claims against Holbrook and PMP for assault, battery, intentional infliction of
emotional distress, negligent infliction of emotional distress and negligent hiring and
retention. We affirm the entry of summary judgment in all respects except as to the
battery claim against Holbrook. On that single claim, we reverse. 16 Paul and Holbrook are [**2] former employees of PMP. Paul testified that Holbrook
was her co-worker and not her supervisor. On various occasions, Paul worked alone with
Holbrook. During some of these times, Paul alleges that Holbrook harassed her by asking
that she wear revealing clothing and suggesting that they engage in sexual relations. Paul
claims that on two occasions, Holbrook came up behind her while she was working and
tried to massage her shoulders. On both occasions, Paul immediately pulled away and
told Holbrook to leave, which he did. After Paul complained to PMP's management, she
and Holbrook never again worked the same shifts and his improper behavior toward her
[*1312] While Paul takes issue with the trial court's judgment in its entirety, we find
merit only in Paul's contention that the trial judge erred in granting summary judgment on
her battery claim against Holbrook, finding that Holbrook's contact with Paul amounted
to no more than a "casual touching" and concluding that Paul failed to produce evidence
A battery consists of the infliction of a harmful or offensive contact upon another with
the intent to cause such contact or the apprehension that such contact is imminent. [**3]
Sullivan v. Atlantic Fed. Sav. & Loan Ass'n, 454 So. 2d 52, 54 (Fla. 4th DCA 1984 ),
review denied, 461 So. 2d 116 (Fla. 1985 ); Chorak v. Naughton, 409 So. 2d 35, 39 (Fla.
2d DCA 1981 ); Restatement (Second) of Torts § 18 ( 1965 ); W. Page Keeton...
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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