Negligent hiring or retention.

Practice point: Recovery on a negligent hiring or retention theory requires a showing that the employer had notice of the relevant tortious propensities of the wrongdoing employee.

Case: Coffey v. City of New York, NY Slip Op 02689 (1st Dept. 2008)

Facts: Plaintiff and decedents were injured when their automobile was struck by a vehicle driven by a City Corrections officer later determined to be intoxicated. He had been sent for inpatient alcohol rehabilitation three years earlier, due to persistent lateness and absenteeism. After release, he failed to continue treatment on an outpatient basis. His employment record revealed various infractions and a prior accident on the job, but with no alcohol involvement. He testified at deposition that he had been given two drinks by a fellow Corrections officer while on the job that night, and after work he met two other officers and consumed two beers. The accident occurred two hours after he left work, as he headed home.

The court found no evidence that the City knew of his propensity for drunk driving, and it could not reasonably have foreseen that he would drive while under the influence of alcohol.