Richards Company v. Harrison

262 So. 2d 258
CourtDistrict Court of Appeal of Florida
DecidedMay 9, 1972
DocketN-295
StatusPublished
Cited by25 cases

This text of 262 So. 2d 258 (Richards Company v. Harrison) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Richards Company v. Harrison, 262 So. 2d 258 (Fla. Ct. App. 1972).

Opinion

262 So.2d 258 (1972)

The RICHARDS COMPANY, Inc., Appellant,
v.
James L. HARRISON, Jr., a Minor, by His Father and Next Friend, James L. Harrison, Sr., Appellees.

No. N-295.

District Court of Appeal of Florida, First District.

May 9, 1972.
Rehearing Denied June 6, 1972.

*260 John F. Fannin, of Milan, Martin & Ade, Jacksonville, for appellant.

Charles Cook Howell, III, of Howell, Kirby, Montgomery, D'Aiuto, Dean & Hallowes, Jacksonville, for appellees.

SPECTOR, Chief Judge.

Appellant seeks reversal of a judgment entered pursuant to a jury verdict in an action by appellee, an 18-year-old minor, for damages arising out of appellant's breach of duty to furnish appellee, an employee, a reasonably safe place in which to work and, further, for damages arising out of appellant's knowingly exposing appellee to personal danger not to be expected from the nature of his employment.

The Richards Company, Inc. is an encyclopedia marketing concern with principal offices in New York City. The company does business in all fifty states. Sales are made on a door-to-door basis by salesmen employed and trained by the company for that purpose. Generally, the salesmen operated in crews of several under the supervision of a crew manager, a Mr. Zampieri in this case. Appellee was a new employee of appellant when this cause of action arose. He had received three days of intensive training in the art of selling encyclopedias door to door. On the day in question, appellee and two other young salesmen left Jacksonville about 2:30 P.M. in their crew supervisor's car and were told they were going to Valdosta, Georgia, to solicit business that evening. While enroute, they stopped to eat and appellee expressed a desire to call his father to tell him where he would be working that night, but Mr. Zampieri told him there was no time to make such a call as they were in a hurry to get to Valdosta. They arrived in Valdosta at 5:30 P.M.

At the time there was in effect a municipal ordinance prohibiting solicitation without a permit within the Valdosta city limits. Appellant was aware of the ordinance and, in fact, Mr. Zampieri was specifically instructed by his superior to arrive in Valdosta in time to register at the city clerk's office and obtain permits for the crew or, if they arrived too late to do that, to be certain that the crew worked outside the city limits where no permit was required. Having arrived at 5:30 P.M., the crew supervisor concluded it was too late to obtain the permits and so determined to work the crew outside the city. Although he was unfamiliar with the city, he dropped the crew off to begin soliciting without first obtaining a city map to verify the boundaries. Two of the crew were dropped off outside the city, but appellee was let out inside the city limits at a shopping center where he was arrested by police for soliciting without a permit and taken to jail where he spent the night after being mugged and fingerprinted. The next morning he was found guilty of violating the solicitation ordinance and fined $54.00 or thirty days in jail.

The evidence adduced at the trial related the unsuccessful efforts by appellee to obtain his release through the intercession of his father in Jacksonville, as well as those of his employer, the appellant. The father understandably relied on the appellant's representation that they would take care of the boy's release, but they failed to send the necessary funds to pay the fine *261 until the next day. Indeed, when the funds did arrive in Valdosta, appellee was then before the municipal court where his case was being considered. Thereafter, this action was instituted culminating in a jury verdict for appellees for $5,000.00 compensatory damages and $35,000.00 punitive damages.

The first point raised by appellant contends the trial judge erred in failing to charge the jury in accordance with the principles of law pertaining to defendant's duty to the plaintiff. There is no merit to this contention. Our examination of the complaint filed against appellant reveals that the gist of appellee's action against the appellant was the latter's failure to provide a reasonably safe place in which to work. Appellee also complained that the appellant knowingly exposed him to danger of arrest and incarceration not reasonably to be expected from the nature of his employment. The evidence sustained appellee's two-pronged complaint in those regards. The duty owed by an employer to his employees is generally recognized. 21 Fla.Jur., Master and Servant, Section 23, states the duty simply as follows:

"An employer holds a duty to his employees to furnish a reasonably safe place to work ..." [Citing Beebe v. Kaplan, 177 So.2d 869 (Fla.App. 1965)]

The same authority further states the general rule that the employer not only owes a duty to furnish his employee with a reasonably safe place to work, but also to exercise ordinary care and diligence to keep it safe. Our examination of the instructions given to the jury indicate that the jury was accurately and fairly instructed as to the law concerning the duty owed by appellant to appellee. The court instructed the jury as follows:

"Now, the issues in this case on the complaint of young Harrison are whether the defendant, The Richards Company, was guilty of a breach of duty owed by the defendant to the plaintiff which was the legal cause of the damage suffered by the minor plaintiff in any of the following respects: In failing to warn or instruct the plaintiff that the City of Valdosta, Georgia had a municipal ordinance requiring all solicitors to carry a permit to be issued by the Police Department of that city in order to solicit within the City limits; or, failing to provide or furnish the minor plaintiff with a reasonably safe place to work; that is, failing to provide the minor plaintiff with a permit in order to enable him to solicit sales within the City limits of Valdosta, Georgia without being subjected to arrest by local law enforcement agencies when the defendant knew or reasonably should have known that such a permit was required and knew or reasonably should have known that the area assigned to the minor plaintiff for the solicitation of sales was within the City limits of Valdosta, Georgia. And, thereafter in failing to take reasonably adequate measures to secure the prompt release of the minor plaintiff from the jail after he was incarcerated."

The above instruction to the jury is consistent with the legal duty owed by appellant to appellee as set forth by the editors of American Jurisprudence by the following language:

"It is also a universally recognized principle of the law of master and servant that under certain circumstances an affirmative duty rests on the employer to give his employees information concerning the danger or perils of their work, or in legal parlance, to `warn and instruct' employees. This duty is not an absolute one in all cases; its existence depends upon the age, understanding, and experience of the employee and also upon the character of the danger to which he is subjected.
"Comprehensively stated ... if a person employs another to do work . . *262 in a dangerous place, and the employee, because of youth, ignorance or inexperience, fails to appreciate the danger, it is a breach of duty and negligence on the part of the employer to expose him thereto ... unless the employer first gives to him such instruction, caution, and warning as will enable him to comprehend the danger and to do his work safely with the exercise of proper care on his part.

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Bluebook (online)
262 So. 2d 258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richards-company-v-harrison-fladistctapp-1972.