This preview shows page 1. Sign up to view the full content.
Unformatted text preview: pecial caution in negligence and
Genuine issue of material fact existed as to whether authorization form signed by truck
driver permitted former employer to release only results of an approved Department of
Transportation drug test to driver's prospective employer, precluding summary judgment
in truck driver's negligence action against former employer.
*413 Vincent M. D'assaro and Hunter A. Hall, Orlando, for Appellant.
Patricia R. Sigman of Sigman & Sigman, P.A., Altamonte Springs, for Appellee.
Wal-Mart Stores, Inc., ("Wal-Mart") appeals a non-final order granting Joseph M. Tracz's
motion for summary judgment on the issue of liability. We reverse. [FN1]
FN1. We have jurisdiction. See Fla. R.App. P. 9.130(a)(3)(C)(iv)(2000). While this rule
subdivision was repealed effective January 1, 2001, see Amendments to Florida Rules of
Appellate Procedure, 780 So.2d 834 (Fla.2000), the instant appeal was instituted before
that date and thus may proceed. See Hetherington v. Donner, 786 So.2d 9 (Fla. 3d DCA
Tracz was employed by Wal-Mart from May 1992 until May 1996 as a truck driver. *414
In May 1996, he was terminated from his employment due to an alleged positive drug
test. Subsequently, Tracz applied for a truck driver position with CF MotorFreight.
Pursuant to that application and in order to secure the position, he signed a form
authorizing Wal-Mart to release to CF MotorFreight results from drug tests administered 87 while employed by Wal-Mart. Next to the "controlled substance test results" portion on
the form, the Wal-Mart representative filled in the date of Tracz's positive drug test. The
bottom of the form was signed by a Wal-Mart employee. Wal-Mart released the
authorization, along with the positive drug test information, to CF MotorFreight.
Tracz asserted in his complaint that according to D.O.T. regulations, the only tests that
should have been reported by Wal-Mart were tests done pursuant to D.O.T....
View Full Document
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