Negligent Training, Retention, Supervision, and Entrustment Claims Against Individual Officers and Agents

In Jones v. Vasilias, 48 Fla.L.Weekly D568a (Fla. 4th DCA 2023), the plaintiff was injured when he was riding his bike in front of an automobile dealership. An employee of the dealership hit the plaintiff as he was leaving the dealership in a van for a delivery. The plaintiff, in addition to suing the driver of the van and the dealership, asserted claims against the dealership’s general manager and service manager in negligence for negligent training, retention, supervision, and entrustment. The trial court dismissed the negligence claims against the general manager and supervisor. The Fourth District Court of Appeal reversed...

24 February

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Reversing Motion to Dismiss with Prejudice Based on Interpretation of Commercial Lease

Posted by David Adelstein

in Standard of Review, Trial Perspectives

“’In determining the merits of a motion to dismiss, the trial court must limit itself to the four corners of the complaint, including any attached or incorporated exhibits, assuming the allegations in the complaint to be true and construing all reasonable inferences therefrom in favor of the non-moving party.”Zurich Am. Ins. Co. v. Puccini, LLC, 2019 WL 454222, *1 (Fla. 3d DCA 2019) (citation omitted). The standard of review associated with reviewing a trial court’s order granting a motion to dismiss with prejudice is de novo. Id. In Puccini, a commercial tenant operating a restaurant caused a fire. The fire...