CourtCases2010

Prior history non final appeal from the circuit court

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Unformatted text preview: Filed SUBSEQUENT HISTORY: [**1] Released for Publication September 2, 1999. PRIOR HISTORY: Non-Final Appeal from the Circuit Court for Orange County, Richard F. Conrad, Judge. DISPOSITION: REVERSED AND REMANDED. COUNSEL: Stephen M. Corse and Beth D. Jarrett of White & Case LLP, Miami, for Appellant. Dennis J. Hightower of Hightower & Doane, Orlando, and Elizabeth C. Wheeler, of Wheeler & Wilkinson, LLP, Orlando, for Appellee. JUDGES: PETERSON, J., HARRIS, J. concurs. GRIFFIN, C.J., dissents, with opinion. OPINIONBY: PETERSON OPINION: [*630] PETERSON, J. KFC National Management Company (KFC), appeals the denial of its motion to compel arbitration of a complaint for personal injuries filed by Terena Beauregard, a former employee of KFC. Beauregard's complaint alleged that KFC negligently hired a coemployee with a history of violent attacks against co-workers and that she was attacked and injured by the employee while at work. Beauregard continued to work for KFC after the alleged attack, and later applied for a transfer from Florida to North Carolina. Her written application for the [*631] transfer was on a form furnished by KFC and included the following paragraph: 13 ARBITRATION OF EMPLOYEE RIGHTS Because of the [**2] delay and expense of the court systems, KFC and I agree to use confidential binding arbitration for any claims that arise between me and KFC, its related companies, and/or their current or former employees. Such claims would include any concerning compensation, employment (including, but not limited to any claims concerning sexual harassment), or termination of employment. Before arbitration, I agree: (i) first, to present any such claims in full written detail to KFC: (ii) next, to complete any KFC internal review process; and (iii) finally, to complete any external administrative remedy (such as with the Equal Employment Opportunity Commission). In any arbitration, the then prevailing rules of the American Arbitration Association (and, to the extent no...
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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.

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