Practice point: A claim against an employer based on an employee's actions committed within the scope of employment sounds in respondeat superior, not negligent hiring or supervision.
Practitioners should note that a defendant cannot argue assumption of the risk if its papers do not establish that the alleged injury was an inherent risk of the sport.
Case: Segal v. St. John’s University, NY Slip Op 00243 (2d Dept. 2010)
The opinion is here.
Tomorrow’s issue: Motion practice.
