HomeMy WebLinkAbout1546 -
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99'.3
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zN A3VD ~ srr. ~
aoaarsr,
~ ND. 80-].27 CA
aa~ Fr~Ir.IZS~ oo~Arnr,
Plaintiff, .
vs.
- PRZOCIXI & 9Q~LS , Its. ,
a Florida vorporatticn doing
business es PRZD(~aV FAti~af . -
I~iT~ O. R~s'Y; end CAi~L
~ C~~PANY, a South
Caxolf i~a co~ratial.
Defendants.
ORDER -
~IIS (~1LSE having dame an to be heard before the Oaurt on Jtme 9, 1980,
ar~d the Plaintiff having been represented by OO~A+IGIL W00~ffi+1, JR. , Esquire, of
F~tICR, W00?t4~1 & HID~YWEGL, and the ~ Defendants having been represented by
BRADF10~iD L. JEEFEIt90N, Esquire, of BI~[1~N, Mc-Ar.Tr~?y, ~Q~*~, Mr-ALTT~ &
DST, and the Oourt having heard argurents of Damsel and having been furnished
briefs on the law, and. being fully advised in the pr+e~ses, finds as follows:
1. ghat the Motion to Strike the Claim for Punitive Deaa~ges be .and
the same is hereby denied.
2. Zfiat this Oourt adapts the language of Winn and Invett CCYooeery
Oanparry, et al. v. Archer, 126 Fla. 308, 171 So. 214 (1936), which cites as
follows:
- "...and so a vorporati:on is liable like an individual
to make acmpensati~on for any tsort ooaRnitted by its
agents or eaployees in the course of their euQloyment,
even though the act be done wantonly and recklessly or
against the egress orders of the corporation
principal..."
"A vorporation is an imaginary being. It has no mind
but the mind of its servants; it has no wine but the
wive of its servants= and it has no hancL4 with which
bo act but the hands of its servants. P11 its schemes
. of mischief, as well as its sd~esaes of public enter-
prise, are vonoeiv~ed by human minds and executed by
huaan hands; and these minds and harms are its servants'
minds and hands. All at~ts, therefore, to distinguish
between the guilt of the servant and the guilt of the
corparaticri, ar the malice of the corporation, cr the
of ~ the servant and the punisln~ent of the
corporation, is sheer nonsense;. ..~.I~tien it is -thorour~hlY
f
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