Case Background
Wanda Holloway filed a complaint for damages on November 16, 2018, in the Circuit Court of the 17th Judicial Circuit in and for Broward County, Florida. Holloway worked as an Admission Recruiter for Florida Barber Holdings, Inc. and Florida Barber Academy, Inc., a school located at 51 N. State Road 7, Plantation, Florida, that trained students to become licensed barbers and cosmetologists. Holloway named three defendants in her complaint: Florida Barber Holdings, Inc., Florida Barber Academy, Inc., and Kerry Wilcox, an employee whom the complaint later describes, in its negligent-hiring count, as having held the position of 'Default Manager.' The defendants' answer refers to this same position as 'Default Management.
Cause
Holloway alleged that on or about November 2016 and January 6, 2017, Kerry Wilcox grabbed and touched her buttocks while the two discussed a student's enrollment default, and grabbed and touched her crotch and vagina while Holloway was near the registrar's office using a copier. Holloway further alleged that Wilcox made unwanted sexual advances toward her during these encounters. Based on these events, Holloway brought four counts: negligence against Wilcox, assault and battery against Wilcox, respondeat superior and vicarious liability against Florida Barber Holdings and Florida Barber Academy, and negligent hiring, supervision, and retention against the two corporate Defendants.
Injury
Holloway claimed that Wilcox's conduct injured her body and aggravated a pre-existing condition. She stated that she suffered psychological and emotional injuries, physical handicap, and a permanent loss of a bodily function. Holloway also claimed that her working ability became impaired, that she lost wages, and that she lost the capacity to enjoy life. She described these injuries as continuing in nature and stated that she would need to spend money on future medical care and treatment.
Damages Sought
Holloway sought compensatory damages in excess of $15,000, exclusive of costs and interest, against Wilcox individually, and separately against Florida Barber Holdings, Inc. and Florida Barber Academy, Inc. She demanded a trial by jury on all counts and asked the Court to award costs along with compensatory damages.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): Wanda Holloway
· Counsel for Plaintiff(s): Kenneth D. Cooper
Defendant(s): Florida Barber Holdings, Inc | Florida Barber Academy, Inc.| Kerry Wilcox
· Counsel for Defendant(s): Bob L. Harris | James J. Dean | Cameron H. Carstens | Brittany Lee Hynes
Key Arguments or Remarks by Counsel
Claims
Holloway's counsel pursued four separate counts in the complaint. Under the negligence count, Holloway argued that Wilcox owed her a duty of reasonable care as a fellow member of the Barber Academy and breached that duty by grabbing her buttocks, grabbing her crotch and vagina, and making unwanted sexual advances toward her. Under the assault and battery count, Holloway argued that Wilcox intended to cause harmful or offensive contact, had the apparent ability to carry out the threatened contact, and created a well-founded fear of imminent peril in Holloway through the same conduct. Under the respondeat superior count, Holloway argued that Florida Barber Holdings and Florida Barber Academy bore vicarious liability for Wilcox's actions because Wilcox acted within the course and scope of her employment. Under the negligent hiring count, Holloway argued that the corporate Defendants failed to properly investigate Wilcox's employment history, failed to provide an adequate employment application, failed to train and supervise Wilcox, and failed to terminate Wilcox once her alleged violent propensities became known or should have become known.
Defense
The Defendants filed their answer and affirmative defenses on January 28, 2019, through counsel at Messer Caparello, P.A. Florida Barber Academy, Inc. admitted that it employed both Holloway and Wilcox and admitted that Wilcox held the Default Management position, but it denied that Wilcox committed any negligent or intentional act within the course and scope of her employment, and it denied that the underlying incidents occurred. Florida Barber Holdings, Inc. admitted it was a Florida corporation authorized to do business in the state and admitted the jurisdictional damages allegation solely for jurisdictional purposes, but it denied employing either Holloway or Wilcox and denied operating the academy where Holloway worked, taking the position that it was not a proper party to the case. The Defendants raised ten affirmative defenses. Among them, the Defendants argued that Holloway's complaint failed to state a claim, that her emotional distress claims did not satisfy Florida's impact rule because they did not flow from a physical injury sustained in a physical impact, and that her own negligence, if proven, should reduce or bar her recovery. The Defendants also argued that intervening or superseding causes unrelated to them may have caused Holloway's claimed damages, that fault should be apportioned among all responsible parties under Florida's comparative fault statute, and that any recovery should account for potential Fabre Defendants identified through discovery. The Defendants further argued that they were entitled to a set-off for payments made by collateral sources, that Holloway's recovery should be reduced if she failed to mitigate her damages, and that her claims fell within the workers' compensation immunity provision under Section 440.11, Florida Statutes, to the extent the injuries arose from the course and scope of her employment.
Jury Verdict
The jury reached its verdict on June 12, 2025. Based on that verdict, Judge Daniel Casey signed an Agreed Final Judgment on June 25, 2025, which the Broward County Clerk filed the same day. The judgment ordered that Wanda Holloway take nothing by her action and that Florida Barber Academy, Inc. go hence without day. The Court retained jurisdiction to determine entitlement to, and the amount of, taxable costs and attorneys' fees that may be awarded to the Defendant upon a proper motion. The final judgment named Florida Barber Academy, Inc. as the sole Defendant in its caption.
Court documents are available upon request at [email protected]
