Practice point: Under the doctrine of respondeat superior, an employer can be held
vicariously liable for the torts committed by an employee acting within
the scope of the employment. An act is considered to be within the scope of employment if it is performed while the employee
is engaged generally in the business of the employer, or if the act may be reasonably said to be necessary or incidental to
such employment.
Student note: An employer, however, cannot be held vicariously liable for its
employee's alleged tortious conduct if the employee was acting solely
for personal motives unrelated to the furtherance of the employer's
business at the time of the incident. Similarly, the employer is not vicariously liable
where the employee's tortious conduct could not have been reasonably
expected by the employer.
Case: Gui Ying Shi v. McDonald's Corp., NY Slip Op 06347 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: An improper Noseworthy instruction.
