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cause of the injury." Barnes, 461 So.2d at 219. Nonetheless, the plaintiffs attempt to hold
Godfather's liable for this unfortunate accident under several other theories.
The plaintiffs contend that the trial court erred in dismissing their negligent retention
count for failure to state a cause of action. We disagree.
"Negligent retention . . . occurs when, during the course of employment, the employer
becomes aware or should have become aware of problems with an employee that
indicated his unfitness, and the employer fails to take further action such as investigating,
discharge, or reassignment." Garcia v. Duffy, 492 So. 2d 435, 438-39 (Fla. 2d DCA
1986). The employer, however, should be liable for the acts committed [**4] by his
employee "only when an employer has somehow been responsible for bringing a third
person into contact with an employee, whom the employer knows or should have know is
predisposed to committing a wrong. . ." Garcia, 492 So.2d at 439. Besides pleading
sufficient facts to establish that the employer owes a duty to the injured person, the
plaintiff must also plead sufficient facts to establish that the employer breached that duty.
In the instant case, Godfather's was not responsible for bringing the injured persons into
contact with its employee. The injured persons and Lopez were together for purely social
reasons and in no way was there a connection between Lopez' employment relationship
with Godfather's and the injured persons. Thus, there was no duty between Godfather's
and injured persons. Therefore, the trial court did not err in dismissing the negligent
retention count for failure to state a cause of action. 29 Plaintiffs also attempt to impose liability upon Godfather's under the theory of
negligent entrustment. Restatement (Second) of Torts, Section 390, which is entitled
"Chattel for Use by Person Known to be Incompetent" provides as follows:
[**5] One who supplies directly or through a third person a chattel for the
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- Spring '08