TRABULSY v. PUBLIX SUPER MARKET, INC.

No. 5D12-4667.

138 So.3d 553 (2014)

Nicholas TRABULSY, Appellant, v. PUBLIX SUPER MARKET, INC., etc., et al., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied May 22, 2014.


Attorney(s) appearing for the Case

R. Barry Morgan of Morgan Law Office, P.A., Orlando, for Appellant.

Eric J. Eisnaugle of Rumberger, Kirk & Caldwell, Orlando, for Appellee.


TORPY, C.J.

We review the propriety of a summary judgment in favor of Appellee, Publix Super Market, Inc., in this action for injuries arising from an alleged battery committed by its employee, Appellee, Almonzo Blanton. Appellant alleged that he was battered by Blanton during an altercation that occurred while he was shopping in a Publix grocery store. The trial court granted summary judgment for Publix, concluding that Blanton acted outside the scope of his employment...

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