Jottings By An Employer's Lawyer

Monday, September 29, 2003

An Interesting Note on the Intersection of Insurance and Employment Law and Florida's View Of Privacy

The May It Please The Court note has all the links to thoroughly check out the recent Florida Supreme Court decision holding that improper touching does not constitute an invasion of privacy. Interestingly though it was not in a direct action of the touchee against the toucher, but a joint action between the toucher and touchee in an attempt to get into the pockets of an insurance carrier. Reminiscent of a similar attempt in Texas several years ago where the Texas Supreme Court refused to recognize negligent infliction of emotional distress in a suit by the victim and culprit of a taping (and showing) of sexual activities, against an insurance company. Boyles v. Kerr, 855 S.W.2d 593, 597 (Tex. 1993) (op. on reh'g).

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