K.M. EX REL. D.M. v. PUBLIX SUPER MARKETS

No. 4D04-502.

895 So.2d 1114 (2005)

K.M., a minor, by and through her parent and next friend, D.M., and D.M., individually, Appellants, v. PUBLIX SUPER MARKETS, INC., a Florida corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

January 26, 2005.


Attorney(s) appearing for the Case

Nancy Little Hoffmann of Nancy Little Hoffmann, P.A., Pompano Beach, and Russell S. Adler of Karmin, Adler & Padowitz, P.A., Fort Lauderdale, for appellants.

Philip Glatzer of Marlow, Connell, Valerius, Abrams, Adler, Newman & Lewis, Coral Gables, and Samuel A. Coffey of Wicker, Smith, O'Hara, McCoy, Graham & Ford, P.A., Fort Lauderdale, for appellee.


GROSS, J.

Under the facts of this unfortunate case, we hold that an employer does not have a duty to warn one employee about a second employee's criminal background, where the warning pertains to the employees' personal relationship outside of work.

K.M., a minor, and her father timely appeal an order granting a motion to dismiss for failure to state a cause of action. See Fla. R. Civ. P. 1.140(b)(6). We therefore view the facts in the amended complaint...

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