Boca Raton Senior Partner Marc Greenberg, Esq., obtained a good result in the matter styled John and Jane Doe v. Retail Store (Indian River County) and Store Employee. Plaintiffs advanced a negligent security claim against an employee arising from a shooting on the Defendant’s premise in Indian River County. The employee saw a shoplifting in progress and called law enforcement following the concealment. Law enforcement arrived in the parking lot while the shoplifter was approaching his vehicle. A shootout between law enforcement and the shoplifter ensued, which resulted in two customers being shot. We moved to dismiss on behalf of the employee on the basis that he “did not actively participate in the tort” in accordance with Orlovsky v. Solid Surf, Inc., 405 So.2d 1363 (Fla. 4th DCA 1981). Indian River County Circuit Court Judge Janet Croom ruled that under the facts pled, Plaintiffs failed to state a cause of action upon which relief could be granted and the employee was removed from the case. Read more