Cases

Civil cause of action filed against defendants alleging that the owner of the defendant company touched plaintiff in a sexual manner on multiple occasions, causing her physical and emotional harm.  The complaint in this instance included claims against the defendant for common law causes of action including negligent retention and supervision and vicarious liability and a claim against the owner for battery.  In interpreting the case of Byrd v. Richardson-Greenshields Sac., Inc., 552 So. 2d 1099 (Fla. 1989), the court determined that the common law causes of action in this instance were not precluded by the exclusivity of the Florida Workers' Compensation Act for on-the-job injuries.  Court found conflict between this decision and the Second District Court of Appeal decision in Doe v. Footstar Corporation, 980 So. 2d 1266 (Fla. 2nd DCA 2008) which held that the workers' compensation exclusivity rule barred the plaintiff's common law causes of action against their child's employer for neligent hiring, retention, and supervision and for assault and battery and rape.  Case certified to Florida Supreme Court based on conflict with the Doe decision.