DORSEY v. HONDA MOTOR CO. LTD.

No. 79-3845.

670 F.2d 21 (1982)

Glen K. DORSEY, Jr., and Barbara J. Dorsey, his wife, Plaintiffs-Appellants-Cross Appellees, v. HONDA MOTOR COMPANY LTD., et al., Defendants-Appellees-Cross Appellants. HONDA MOTOR COMPANY LTD., Defendant-Appellant-Cross Appellee, v. CONTINENTAL CASUALTY COMPANY, Defendant-Appellee-Cross Appellant.

United States Court of Appeals, Fifth Circuit. Unit B.

March 8, 1982.


Attorney(s) appearing for the Case

Frates, Floyd, Pearson, Stewart, Richman & Greer, Gary D. Fox, Larry S. Stewart, Miami, Fla., for the Dorseys.

Anthony M. Lanzone & Associates, Anthony M. Lanzone, Robert A. Calinoff, New York City, DeWolf, Ward, Morris, Wohlust, Jontz & O'Donnell, John L. O'Donnell, Jr., Thomas B. DeWolf, Orlando, Fla., for Honda Motor Co. Ltd.

Akerman, Senterfitt & Eidson, John Edwin Fisher, Orlando, Fla., for Continental Cas. Co.

Joe N. Unger, Miami, Fla., for Honda Motor Co. Ltd., American Honda Motor and Mission Ins.

Before GODBOLD, Chief Judge, MORGAN and HENDERSON, Circuit Judges.


ON PETITIONS FOR REHEARING

PER CURIAM:

Pending this appeal and a few days before the case was argued to us, the Supreme Court of Florida decided Mercury Motors Express, Inc. v. Smith, 393 So.2d 545 (Fla.1981) in which the court said that before an employer may be held vicariously liable for punitive damages under the doctrine of respondeat superior, there must be "some fault...

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