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Tammy MATHIS, Appellant, v. Bethany REESE, et al., Appellees.
Affirmed. See E&A Produce Corp. v. Olmo, 864 So. 2d 447, 448 (Fla. 3d DCA 2003) (affirming summary judgment in favor of corporate officer, holding that “in the absence of any competent evidence of wrongdoing on [defendant's] part that would make her personally or individually liable, the trial court was correct to enter Final Summary Judgment in [defendant's] favor”); White v. Wal-Mart Stores, Inc., 918 So. 2d 357, 358 (Fla. 1st DCA 2005) (although an agent of a corporation may be held individually liable for their tortious acts even if committed within the course and scope of their employment, this arises only if the agent is “actively negligent” and “the complaining party must allege and prove that the officer or agent owed a duty to the complaining party, and that the duty was breached through personal (as opposed to technical or vicarious) fault” (citing McElveen v. Peeler, 544 So. 2d 270, 271-72 (Fla. 1st DCA 1989)). See also Saxton v. Dollar Tree Stores, Inc., No. 8:19-cv-2670-T-60TGW, 2019 WL 6716188 (M.D. Fla. Dec. 10, 2019); Boyd v. Petco Animal Supplies Stores, Inc., No. 3:18-cv-639-J-32PDB, 2018 WL 4360621 (M.D. Fla. Sept. 13, 2018) (granting motion to dismiss where plaintiff “provided no facts demonstrating that [the employee] played any role in her injuries.”)
PER CURIAM.
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Docket No: No. 3D20-1793
Decided: May 25, 2022
Court: District Court of Appeal of Florida, Third District.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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