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Mobil Oil Corporation v. Bransford

648 So. 2d 119 (1995)

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Mobil Oil Corporation v. Bransford

Florida Supreme Court
648 So. 2d 119 (1995)

Facts

Jeremy Bransford (plaintiff) sued Mobil Oil Corporation (defendant) after he was attacked and beaten at a Mobil Mini Mart gas station by an employee who allegedly had a history of assaulting customers. Mobil leased the station to franchisee Alan Berman under a franchise agreement. The employee worked for Berman, not Mobil, but Bransford asserted Mobil had an agency relationship with Berman because Mobil owned the gas station and the franchise agreement required the station to sell Mobil products and use Mobil trademarks and logos throughout. In addition, Mobil allegedly sent representatives to the station to provide routine franchise-support services. However, the franchise agreement specified that Berman was “an independent businessman” and that nothing in the agreement gave Mobil any right to control or direct how Berman conducted or managed the business. Bransford did not claim Mobil actually represented that Berman was its agent, only that using Mobil symbols and products prominently throughout the station created an implicit agency relationship. The trial court granted Mobil summary judgment, but the appellate court reversed. Mobil appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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