CourtCases2010

We disagree negligent retention occurs when during

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Unformatted text preview: imate 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. Id. 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 u...
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