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Fourth DCA Affirms Summary Judgment for Franchisor in Shooting Case

Sharon Degnan, of our Orlando office, recently prevailed in upholding a final summary judgment obtained at the trial level by David Drahos, of our West Palm Beach office. In Ferrer v. Jewelry Repair Enterprises, Inc., No. 4D19-2747, 2021 WL 191464 (Fla. 4th DCA January 21, 2021). Our client, a franchisor with storefronts and kiosks located throughout several states, was sued by a former employee of one of its franchisees. The franchisee employee suffered serious injuries after being shot by the franchisee’s owner, who then turned the gun on himself in an attempted murder/suicide occurring in the franchisee’s store. The main argument pursued by the franchisee employee was that our client maintained control over the franchisee and failed to recognize the risk to employees and fire the franchisee’s owner before the shooting. However, both the trial court and the Fourth DCA determined that, pursuant to the clear language in the Franchise Agreement governing the relationship between the parties, the franchisor did not maintain any substantial control over the franchisee’s day-to-day operations or its owner and that the franchisor’s control was limited to the uniform standardization of products and services and providing regular and ongoing support for its franchisees. Sharon argued on appeal—and the Fourth DCA agreed—that the franchisee operated independently of the franchisor, with our client having no authority to hire and fire its franchisee’s employees. The court recognized that these types of franchise agreements are common throughout Florida and often contain similar language limiting the franchisor’s control over its franchisees.

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