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Case Citations July 2015 through February 2016 [1] (2015-2016)

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                                        AGENCY





            CHAPTER 7. LIABILITY OF PRINCIPAL TO THIRD PERSON; TORTS

      TOPIC  2. LIABILITY   FOR  AUTHORIZED CONDUCT OR CONDUCT INCIDENTAL
                                           THERETO

                                    TITLE   A. IN GENERAL

 § 217. Principal or Agent Has Immunities or Privileges

 Fla.App.2015. Com.  (b) quot. in case quot. in ftn. Parents, on behalf of child who suffered a brain injury
 caused by oxygen deprivation during his birth, brought a medical-malpractice action under a theory of
 vicariously liability against, among others, state-university hospital that employed the doctors that
 delivered the child. The division of administrative hearings found that defendant was not entitled to
 immunity, because its employees failed to give notice required by defendant's participation in Florida's
 Birth-Related Neurological Injury Act plan. The trial court denied defendant's motion for summary
 judgment. This court affirmed in part, holding that defendant was not entitled to summary judgment on
 the issue of vicarious liability because its employees, who were participants in the plan, failed to comply
 with the plan's notice provision and waived their right to immunity. Citing Restatement of Agency
 § 217, the court noted that if the employees had been entitled to immunity, the issue of whether
 defendant could have invoked its agents' personal-immunity defense would have been a complicated
 question to answer, as jurisdictions across the country were divided on that issue. University of Miami v.
 Ruiz ex rel. Ruiz, 164 So.3d 758, 768.



         TITLE  D. CONDUCT WITHIN APPARENT AUTHORITY OR EMPLOYMENT

 § 267. Reliance upon Care or Skill of Apparent Agent or Servant

 Ga.App.2015.  Cit. in case cit. in ftn. Mother, as guardian and next friend of three-year-old child,
 brought a negligence action against franchisee and franchisor of a daycare center, alleging that child was
 injured when he collided with a metal gate in the play area of the daycare center. The trial court denied
 franchisor's motion for summary judgment. Reversing on interlocutory appeal, this court held that
 franchisor was not vicariously liable for franchisee's alleged negligence under the doctrine of apparent
 agency. While mother maintained that all of the signage and documentation at the daycare center
 contained franchisor's name and trademarks and that staff at the daycare center wore shirts bearing
 franchisor's logo, it was not enough that franchisee represented itself as franchisor's agent or that
 mother believed that an agency relationship existed between franchisor and franchisee; in order to
 establish apparent agency under Restatement of Agency § 267, mother had to establish that franchisor
 held franchisee out as its agent. Kids R Kids Intern., Inc. v. Cope 769 S.E.2d 616, 619.





A  ulE      For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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