Willis v. Accenture, Inc.
3d DCA 3/15/23, Judge Miller
Topics: 1983 (Excessive Force), Amendment of Pleadings; Business Records, Certificate of Service, Corporate Representative, Discovery, Florida Civil Rights Claim, Hearsay, Impact Rule, Medical Malpractice (Presuit), Negligence/Duty, Negligence/Breach of Duty, Negligence/Causation, Negligence/Damages, Personal Jurisdiction; Premises Liability, Privilege (Attorney-Client), Privilege (Psychotherapist), Sovereign Immunity (Florida), Summary Judgment Standard
Willis sued Accenture under the Florida Civil Rights Act of 1992 (FCRA) as codified in section 760.01, Fla. Stat. and for tortious interference with a business relationship. The DCA held that under Woodham v. Blue Cross & Blue Shield of Florida, Inc., 829 So. 2d 891, 897 (Fla. 2002), it is impossible to accept an EEOC (federal) notice of right to sue as a substitute for the reasonable cause finding of the Florida Commission on Human Relations (the state-level equivalent of the EEOC). Section 760.11(3) requires that a plaintiff get a “reasonable cause” right-to-sue letter from the FCHR as a condition precedent to suing. Thus, the Plaintiff’s suit was dismissed, and the DCA affirmed. https://supremecourt.flcourts.gov/content/download/863290/opinion/220431_DC13_03152023_ 101549_i.pdf
Terry P. Roberts
Director of Appellate Practice Fischer Redavid PLLC