Manrique v. Bob's Plumbing Co.

Luis Manrique appeals the dismissal with prejudice of his amended complaint against Bob’s Plumbing Company. We conclude that the dismissal was entirely correct. First, the actions of the employee of Bob’s Plumbing were beyond the course and scope of his employment, and accordingly the claim for vicarious liability on the part of Bob’s Plumbing was correctly dismissed. See Reina v. Metropolitan Dade County, 285 So.2d 648 (Fla. 3d DCA 1973), writ discharged, 304 So.2d 101 (Fla.1974). Second, on the facts alleged there was no claim for negligent retention of the employee, as plaintiff was not…