April 6, 2009

Respondeat superior.

Practice point: An employer may be held liable for its employee’s negligent or intentional acts if the tortious conduct is generally foreseeable and a natural incident of the employment.

Practitioners should note that liability will not attach for torts committed by an employee who is acting solely for personal motives unrelated to advancing the employer's business.

Case: Fernandez v. Rustic Inn, Inc., NY Slip Op 02320 (2d Dept. 2009)

The opinion is here.

Tomorrow’s issue: Collateral estoppel.