Liability for criminal acts of employees

Similar documents
STATE OF NORTH CAROLINA TRANSPORTATION COMPENDIUM OF LAW

EMPLOYMENT RELATIONSHIP LIABILITY OF EMPLOYER FOR NEGLIGENCE IN HIRING, SUPERVISION OR RETENTION 1 OF AN EMPLOYEE.

Vicarious Liability Of A Corporate Employer For Punitive Damages

STATE OF IDAHO TRANSPORTATION COMPENDIUM OF LAW

Kyles v. Celadon Trucking Servs.

STATE OF ALABAMA TRANSPORTATION COMPENDIUM OF LAW

DISTRICT OF COLUMBIA TRANSPORTATION COMPENDIUM OF LAW

Case 3:17-cv SRU Document 1 Filed 08/21/17 Page 1 of 18 UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT. ADRIAN LOVELL, Civil Action No.

STATE OF KANSAS TRANSPORTATION COMPENDIUM OF LAW

STATE OF FLORIDA TRANSPORTATION COMPENDIUM OF LAW

COMMONWEALTH OF VIRGINIA TRANSPORTATION COMPENDIUM OF LAW

How to Use Torts Tactically in Employment Litigation

STATE OF TEXAS TRANSPORTATION COMPENDIUM OF LAW

ROBBY NIESE OPINION BY v. Record No JUSTICE DONALD W. LEMONS June 7, 2002 CITY OF ALEXANDRIA

STATE OF MINNESOTA TRANSPORTATION COMPENDIUM OF LAW

HYDERALLY & ASSOCIATES, P.C.

2013 STATE OF SOUTH CAROLINA TRANSPORTATION COMPENDIUM OF LAW

STATE OF MICHIGAN TRANSPORTATION COMPENDIUM OF LAW

LAW REVIEW JANUARY 1987 MUST LANDOWNER PROTECT MOONING REVELER FROM HIMSELF? James C. Kozlowski, J.D., Ph.D James C.

IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON November 18, 2015 Session

IN THE CIRCUIT COURT OF MONROE COUNTY, WEST VIRGINIA

DEBORAH FREEMAN, Plaintiff, v. FOOD LION, LLC, BUDGET SERVICES, INC., and FRANK S FLOOR CARE, Defendants NO. COA Filed: 6 September 2005

Insurance - Is the Liability Carrier Liable for Punitive Damages Awarded by the Jury?

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN DIEGO, CENTRAL BRANCH -- UNLIMITED JURISDICTION

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

No Appeal. (PC )

Sun Tzu, The Art of War

STATE OF TEXAS TRANSPORTATION COMPENDIUM OF LAW

STATE OF INDIANA TRANSPORTATION COMPENDIUM OF LAW

Present: Koontz, Kinser, Goodwyn, Millette, and Mims, JJ., and Carrico and Lacy, S.JJ.

STATE OF DELAWARE TRANSPORTATION COMPENDIUM OF LAW

PRELIMINARY STATEMENT. Brooklyn in which he was serving out the last months of his prison sentence to a

COURT OF APPEALS OF OHIO, EIGHTH DISTRICT

COMMONWEALTH OF MASSACHUSETTS. Plaintiff. vs. ROMAN CATHOLIC ARCHBISHOP OF BOSTON, A CORPORATION SOLE; JOSEPH FLYNN; J. KEVIN MCANDREWS, Defendants

Recent Developments in Punitive Damages

Filing # E-Filed 01/09/ :13:29 PM

Jeffrey V. Hill Bodyfelt Mount LLP 707 Southwest Washington St. Suite 1100 Portland, Oregon (503)

to redress his civil and legal rights, and alleges as follows: 1. Plaintiff, Anthony Truchan, is a resident of Nutley, New Jersey.

PRESENT: Kinser, C.J., Lemons, Goodwyn, and Millette, JJ., and Russell, S.J.

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT ORDER AND JUDGMENT *

Customer will bring an action against Businessman under a negligence theory.

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 194/16

Canadian Systems of Law Contract and Tort Law for Professionals There are two systems of law that operate in Canada: Common Law and Civil Law.

IN THE SUPERIOR COURT OF THE STATE OF NORTH CAROLINA IN AND FOR THE COUNTY OF CUMBERLAND

STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS ) THIRTEENTH JUDICIAL CIRCUIT COUNTY OF GREENVILLE ) CASE NO.

American Tort Reform Association 1101 Connecticut Avenue, NW Suite 400 Washington, DC (202) Fax: (202)

Why Would A Specialist Be Sued?

IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR MANATEE COUNTY CIRCUIT CIVIL DIVISION

STATE OF NEW MEXICO TRANSPORTATION COMPENDIUM OF LAW

Plaintiff, for its Complaint against the above-captioned Defendants, states and

STATE OF GEORGIA TRANSPORTATION COMPENDIUM OF LAW

STATE OF MISSISSIPPI TRANSPORTATION COMPENDIUM OF LAW

IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF WASHOE. Plaintiff v. Defendant TRIAL BRIEF OF PLAINTIFF

Industrial Commission, and accordingly, we reverse the Court of Appeals. Page 356

STATE OF NORTH DAKOTA TRANSPORTATION COMPENDIUM OF LAW

MINNESOTA TRUCK CRASH LAW OVERVIEW

Truck Accident Litigation in the SML Footprint:

Vicarious Liability: imposed in certain relationships eg. Employee/ Employer

THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION CIVIL CASE NO. 1:16-cv MR-DLH

STATE OF MISSOURI TRANSPORTATION COMPENDIUM OF LAW

SUPREME COURT OF ARKANSAS No.

FILED: NEW YORK COUNTY CLERK 12/19/ :09 PM INDEX NO /2016 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 12/19/2017

Courthouse News Service

DC PLAINTIFFS' ORIGINAL PETITION COME NOW, PLAINTIFFS DEE VOIGT, INDIVIDUALLY AND AS

IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS DIVISION COMPLAINT. COMES NOW the Plaintiff, Patrick Hardy, by and through his attorney, Joshua D.

S16G0662. LYMAN et al. v. CELLCHEM INTERNATIONAL, INC. After Dale Lyman and his wife, Helen, left Cellchem International, Inc.

WILLIAM MICHAEL BOYKIN, Plaintiff, v. THOMAS RAY MORRISON, RUFUS AARON WILSON, JR. and WILLIE PERRY, Defendants No. COA (Filed 28 December 2001)

Civil Law is known as Private Law. Regulates disputes between individuals; between parties; and between individuals and parties.

IN THE COURT OF COMMON PLEAS IN THE STATE OF DELAWARE IN AND FOR KENT COUNTY

Case 2:10-cv WOB-JGW Document 1 Filed 04/29/10 Page 1 of 6

IN THE SUPREME COURT OF THE STATE OF IDAHO. Docket No ) ) ) ) ) ) ) ) ) ) ) )

MEDICAL YOUR HOTEL, RESTAURANT OR EMERGENCIES AT BUSINESS AN ANALYSIS OF DUTY, RISK AND LIABILITY

Contract and Tort Law for Engineers

3:13-cv JFA Date Filed 04/04/13 Entry Number 4 Page 1 of 15 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA

IN THE CIRCUIT COURT OF CASS COUNTY, MISSOURI AT HARRISONVILLE

Case 1:13-cv SOM-KSC Document 79 Filed 10/23/14 Page 1 of 11 PageID #: 637 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII

SUPERIOR COURT OF WASHINGTON FOR KING COUNTY

NORTH CAROLINA COURT OF APPEALS ****************************************

THE SUPREME COURT OF NEW HAMPSHIRE DENNIS G. HUCKINS. MARK MCSWEENEY & a. Argued: February 12, 2014 Opinion Issued: April 11, 2014

Case 4:08-cv SNL Document 1 Filed 03/17/2008 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

December 2016 THE GAME OF THRONES. Michael Shaunessy

4. Plaintiff, Valerie Battle-Dugger, is an adult individual, residing at all times relevant

In the Court of Appeals of Georgia

IN THE STATE COURT OF FULTON COUNTY STATE OF GEORGIA

NEGLIGENCE. All four of the following must be demonstrated for a legal claim of negligence to be successful:

PURCHASES REFUNDS. LOST BADGE or ITEMS WAIVER / ASSUMPTION OF RISK / RELEASE OF LIABILITY. Terms of Service

CASE NO. COMPLAINT AND DEMAND FOR JURY TRIAL. The Plaintiff, CHARLESETTA WALKER, as CONSERVATOR FOR THE PERSON,

IN THE SUPERIOR COURT OF FLOYD COUNTY STATE OF GEORGIA

Are the IPI Instructions on Construction Negligence an Accurate Statement of Illinois Law?

Case 1:13-cv MKB-RER Document 1 Filed 01/04/13 Page 1 of 12 PageID #: 1. Plaintiff, Defendants. REYES, M.J PRELIMINARY STATEMENT

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION

Torts - Contributory Negligence - Failure to Attach Seat Belts - Cierpisz v. Singleton, 230 A.2d 629 (Md. 1967)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

No. SC-CV SUPREME COURT OF THE NAVAJO NATION. GWENDOLENE BEGAY, Appellant,

Econ 522 Review 3: Tort Law, Criminal Law, and the Legal Process

Caddell et al v. Oakley Trucking Inc et al Doc. 53. IN THE UNITED STATES DISTRICT COr RT NORTHERN DISTRICT OF TEXAS. MEMORANDUM OPINION and ORDER

Case 7:14-cv SLB Document 1 Filed 07/22/14 Page 1 of 13

DISCOVERY OF DEFENDANT'S INVESTIGATION OF PLAINTIFF'S COMPLAINTS AND OTHER ACTS OF DISCRIMINATION

IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF GEORGIA ALBANY DIVISION

Washoe Tribe of Nevada and California. Law & Order Code TITLE 3 TORTS. [Last Amended 10/1/04. Current Through 2/3/09.]

Transcription:

Liability for criminal acts of employees Carrie Meigs Teague Campbell Dennis & Gorham, L.L.P.

KNOW YOUR LEGAL OBLIGATIONS

Derivative Liability Respondeat Superior What does it mean? Let the master answer A principal is liable for the torts of his agent in the following situations: (1) when expressly authorized (2) when committed within the scope of his employment and in furtherance of his master's business (3) when the act comes within his implied authority; (4) when ratified by the principal See Snow v. De Butts, 212 N.C. 120, 122, 193 S.E. 224, 226 (1937)

Direct Liability (1) a specific act [of the employee] on which the lawsuit is founded; (2) incompetency [of the employee], by inherent unfitness or previous specific acts of negligence, from which incompetency may be inferred; (3) either actual notice to the master of such unfitness or bad habits, or constructive notice, by showing that the master could have known the facts had he used ordinary care in oversight and supervision; (4) that the injury complained of resulted from the incompetency proved. Medlin v. Bass, 327 N.C. 587, 591, 398 S.E.2d 460, 462 (1990)

Direct Liability Negligent Hiring Negligent Supervision/Training Negligent Retention

Practical Considerations Hiring There is no common law duty to do an extensive background check on an employee unless the employer knows facts that would lead a reasonable person to investigate Have a hiring policy and FOLLOW it If you have an established policy for your organization and you fail to comply with it, your organization will be potentially exposed to liability

Direct Liability: Supervision/Training Supervision: Generally: Failure to reasonably monitor or control the actions of an employee What is reasonable? Training: Generally: Training of an employee fails to prevent the employee from engaging in an act that causes injury What is reasonable?

Direct Liability: Retention What is the employer s obligation upon receiving actual or constructive notice of the employee s behavior?

Punitive Damages What s the difference? Compensatory Damages vs. Punitive Damages Compensatory Damages: The objective of compensatory damages is to restore the plaintiff to his original condition or to make the plaintiff whole Watson v. Dixon, 352 N.C. 343, 347, 532 S.E.2d 175, 178 (2000) Punitive Damages: Are intended to punish a defendant for egregiously wrongful acts and to deter the defendant and others from committing similar wrongful acts N.C. Gen. Stat. 1D-1 (2006)

Punitive Damages Cont d. Punitive damages shall not be awarded against a person solely on the basis of vicarious liability for the acts or omissions of another. Punitive damages may be awarded against a person only if that person participated in the conduct constituting the aggravating factor giving rise to the punitive damages; or if, in the case of a corporation, the officers, directors, or managers of the corporation participated in or condoned the conduct constituting the aggravating factor giving rise to punitive damages. N.C. Gen. Stat. 1D-15(c) (2006)

Punitive Damages Cont d Note: A punitive damage award against an employer is not limited to the punitive damages awarded against the employee Because it may take a different amount of money to deter or punish and employee-defendant than an employer-defendant, the recovery against the employer is not limited by the punitive damage award against the employee Watson, 352 N.C. at 348, 532 S.E.2d at 178 Evidence of ability to pay punitive damages in the form of revenue and net worth are admissible. N.C. Gen. Stat. 1D-35(2)(i) (2006)

Case Study Wayman v. Accor N. Am. Inc., No. 103,456 (Kansas Court of Appeals Mar. 18, 2011): Facts: A guest staying at a hotel was struck by the general manager s vehicle while standing outside of his room. The general manager was intoxicated at the time of the accident and jumped the curb with his vehicle when he was returning from the bar. The general manager lived on the premises and was on 24-hour call. At the time of the accident, a duty manager was performing his duties. The general manager was returning from time off.

Elements of Derivative Liability A principal is liable for the torts of his agent in the following situations: (1) when expressly authorized (2) when committed within the scope of his employment and in furtherance of his master's business (3) when the act comes within his implied authority (4) when ratified by the principal

Outcome The injured guest sued under theories of negligence, vicarious liability, and negligent hiring and supervision The motel owner filed for a motion for summary judgment on the claims for vicarious liability and negligent hiring and firing The trial court granted the motion for summary judgment, and the injured guest appealed The Court of Appeals affirmed the trial court s decision that held as a matter of law that the general manager s actions of going to the bar and driving home while intoxicated were purely personal and outside the scope of his employment, even though he was on 24-hour call.

Case Study B-T Two Inc. v. Bennet, No. A10A1716 (Georgia Court of Appeals Jan. 27, 2011) Facts: A party was hosted at a private residence to raise money for a restaurant manager who was leaving work to attend to his sick child Flyers advertising the party were placed at the restaurant and a few employees went to the party wearing their uniforms A fight ensued and one of the employees injured another attendee The restaurant did not pay for any of the expenses or provide food or alcohol for the party. The restaurant received none of the funds raised

Outcome The injured partygoer sued the restaurant for his injuries under respondeat superior and negligence in sponsoring a party with unlimited alcohol without providing security The restaurant moved for summary judgment, which the trial court denied. The restaurant appealed The Court of Appeals found there was no evidence indicating that the assault was within the scope of the employee s employment or in furtherance of the restaurant s business and reversed the trial court s order.

Pertinent Factors The restaurant did not own or lease the residence at which the party was held The restaurant did not pay for any expenses of the party or provide food or alcohol The restaurant did not receive any of the money collected for the departing manager The restaurant did not place any signs advertising the restaurant or other promotional materials at the location of the party

Case Study Doe v. Ritz-Carlton Hotel Co. of Del. Inc, No. 11SL- CCd1159 (Mo. Cir. Ct., St Louis County, filed Mar. 22, 2011) Facts: Complaint alleges that a child was staying with her family at the hotel when a man went to the front desk and reported his key did not work and requested a key to the room the girl was staying in with her older sister and a friend Allegedly the key was given to the man, which he used to access the room and sexually assault the girl The law suit also names defendant's employer in the action because he was allegedly at the hotel for business purposes

Elements of Derivative Liability A principal is liable for the torts of his agent in the following situations: (1) when expressly authorized (2) when committed within the scope of his employment and in furtherance of his master's business (3) when the act comes within his implied authority (4) when ratified by the principal

QUESTIONS? Carrie Meigs Teague Campbell Dennis & Gorham, L.L.P.