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WINN DIXIE STORES, INC. v. HARRIS

No. 92-1868.

620 So.2d 1032 (1993)

WINN DIXIE STORES, INC., Appellant/Cross-Appellee, v. Thomas HARRIS, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied July 7, 1993.

Attorney(s) appearing for the Case

Frank Marriott, Jr. and Todd J. Sanders, Cameron, Marriott, Walsh, Hodges & D'Assaro, P.A., Daytona Beach, for appellant, cross-appellee.

Richard A. Manzo and Roy A. Praver, Law Office of Manzo & Praver, P.A., Titusville, for appellee, cross-appellant.

PER CURIAM.

AFFIRMED.

HARRIS and GRIFFIN, JJ., concur.

COBB, J., dissents, with opinion.

COBB, Justice, dissenting.

The issue on this appeal is the vicarious liability of Winn Dixie for punitive damages as a result of a battery and false imprisonment committed by its security officer, William Riley, against Thomas Harris, who was a business invitee at the time. Harris was mistakenly identified by Riley as someone who previously had...

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