DeMarco v. Publix Super Markets, Inc.
Florida Third District Court of Appeal
360 So. 2d 134 (1978)
- Written by Salina Kennedy, JD
Facts
Carl DeMarco (plaintiff) was an at-will employee of Publix Super Markets, Inc. (Publix) (defendant). DeMarco’s young daughter was severely injured by an exploding soda bottle while grocery shopping with her mother at a Publix store. After settlement negotiations concerning his daughter’s injury failed, DeMarco sued Publix and the manufacturer of the soda bottle on her behalf. Publix threatened to fire DeMarco if he did not dismiss the lawsuit. When DeMarco refused to dismiss the lawsuit, Publix followed through on its threat. DeMarco sued Publix for wrongful discharge on the theory that Publix’s firing of him interfered with the good-faith exercise of his rights to due process and access to the courts. The trial court dismissed DeMarco’s complaint with prejudice, and DeMarco appealed.
Rule of Law
Issue
Holding and Reasoning (Haverfield, C.J.)
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