Allen and Arcadier, currently known as Arcadier and Associates, represented Plaintiff all the way to the Supreme Court. BNA ; 31 Fla. Weekly D Released for Publication July 31, Dupont, Fla.
Dupont, So. The employee was awarded both compensatory and punitive damages. OVERVIEW: The employee quit her job at a convenience store after the solution management provided for the harassment the employee asserted was directed at her by a co-worker fell apart, and the employee was forced to work with the co-employee again.
The court certified the question of whether the rule announced in Mercury Motors Express Inc. Smith, under which an employer could be held vicariously liable for punitive damages based upon the willful and wanton conduct of its employee, applied to punitive damage awards under Fla.
CORE TERMS: harassment, punitive damages, sexual harassment, sexual, hostile, manager, supervisor, work environment, pervasive, severe, female, sex, male, workplace, customer, punitive, actionable, remedial action, harasser, coworker, employer liability, summary judgment, co-worker, prompt, notice, reckless indifference, discriminatory, harassing, shoulder, crew. To be entitled to a summary judgment, a party moving for summary judgment must conclusively demonstrate the nonexistence of an issue of material fact, and the court must draw every possible, reasonable inference in favor of the party against whom the summary judgment is sought.
More Like This Headnote. This policy is expressly incorporated in Fla. If there are conflicts in the evidence or different reasonable inferences may be drawn from it, then the issue is a factual one that should be submitted to the jury and not be decided by the trial court as a matter of law.
