Problem:
Marge Simpson, on her way to a job interview and in a hurry, stopped by Hailstones, a department store located next to the Springfield Mall in Springfield, Florida, at the north end of Polk County, to shop for a pair of nylons to wear at the interview. She quickly found a pair but there was a long line at one of the checkout counters. Another counter was opened by new Hailstones employee, Jeremy Freedman, who began loading the cash drawer as Marge moved to the front of that line. Marge told Freedman that she was in a big hurry and asked him to move faster to open the line. Freedman smirked at Marge, shrugged and moved even slower to open the check-out line.
Finally, Freedman opened the line and Marge moved forward. As she thrust the pair of nylons at him, Marge struck Freedman in the face with them. It is unclear from witnesses whether this was done accidentally or out of her anger for having been made to wait so long by Freedman. In response, Freedman grabbed Marge by her blue hair and hit her repeatedly in the back of the head while Marge screamed for help until she passed out. A security agent for the store arrived and separated Freedman and Marge. Marge was taken by ambulance to the Springfield General Hospital for observation and released later that day. She incurred $5000 in medical bills for her treatment at the hospital.
Freedman was immediately fired by Hailstones for violating the store's no-fighting policy. Marge Simpson subsequently sued Hailstones, alleging that the store was liable for the tort by its employee.
1. What tort could Marge allege was committed by Freedman? Explain why the tort applies.
2. Under what doctrine might Hailstones be held liable for the tort committed by Freedman? Explain how the doctrine would apply under these facts.
3. How is Hailstones' potential liability affected depending on whether Freedman's behavior constituted an intentional tort or a tort of negligence?
4. Assume that when Freedman applied for the job at Hailstones, he disclosed in his application that he had been previously convicted of felony assault and battery. Nevertheless, because the store was short in cashiers, the Hailstones' manager hired him. How might this fact affect Hailstones' liability to Marge for Freedman's actions?
5. In what specific Florida court would Marge bring her tort action against Hailstones? Who else might she sue?