General Electric Credit Corp. v. Diezel
Docket: No. 88-566
Court: District Court of Appeal of Florida; September 5, 1989; Florida; State Appellate Court
An appeal was made by General Electric Credit Corporation regarding a final judgment on a jury verdict in a conversion/negligent hiring case after the destruction of its aircraft by an employee of Island City Flying Service. The jury found Island Flying Service negligent but also attributed 75% comparative negligence to the plaintiff due to its lessee leaving the aircraft unlocked, enabling the theft. The court affirmed part of the judgment, concluding that the trial court correctly denied Island Flying Service's motion for a directed verdict. Sufficient evidence indicated that the defendant was negligent in hiring an employee with a military prison record, making the theft foreseeable. However, the court found reversible error in instructing the jury that the plaintiff was responsible for the lessee's comparative negligence related to the aircraft's security. The court noted that comparative negligence does not apply to intentional torts, and since the defendant's negligent hiring made it legally responsible for the employee's actions, it could not benefit from the plaintiff's imputed negligence. The court affirmed the judgment except for the 75% comparative negligence finding, which was stricken. The case was remanded to the trial court with instructions to enter judgment in favor of the plaintiff for the full jury-determined damages. The judgment was affirmed in part, reversed in part, and remanded.