GEARY v. STARR

No. 81-159.

418 So.2d 1135 (1982)

Leo Bernard GEARY and Jackson Marine Sales, Inc., Appellants, v. Ray STARR and Beverly Starr, His Wife, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 22, 1982.


Attorney(s) appearing for the Case

Thomas D. Lardin of Weaver & Weaver, P.A., Fort Lauderdale, for appellants.

H. Hugh McConnell of Lipton, Platt & McConnell, P.A., Miami, and Henry H. Wallace, Pittsburgh, Pa., for appellees.


HURLEY, Judge.

This appeal involves an employer's vicarious liability for punitive damages under the doctrine of respondeat superior. We are compelled to reverse part of the final judgment because the trial court permitted the jury to award punitive damages against the employer without the necessity of finding some employer fault.

This is an intentional tort case arising out of an altercation over the right to possess a small yacht. The plaintiffs, Ray and...

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