Narrative Opinion Summary
In the personal injury case against Town Bus Corp. (s/h/a Town Transport Bus Co.), the Supreme Court, Suffolk County, denied the defendant’s motion for summary judgment to dismiss the complaint and cross claims. The court affirmed that Town Bus cannot be held vicariously liable for the intentional tort of its employee, as the actions were personal, outside the scope of employment, and not in furtherance of the company’s business. However, the court found that there are factual questions regarding the adequacy of Town Bus’s hiring and retention processes, thus allowing the claims of negligent hiring and retention to proceed. The order was affirmed with costs, and all concurring justices agreed with the decision.
Legal Issues Addressed
Negligent Hiring and Retentionsubscribe to see similar legal issues
Application: The court found that there are factual issues related to the defendant’s hiring and retention processes, allowing the claims of negligent hiring and retention to proceed to trial.
Reasoning: However, the court found that there are factual questions regarding the adequacy of Town Bus’s hiring and retention processes, thus allowing the claims of negligent hiring and retention to proceed.
Vicarious Liability for Employee Tortssubscribe to see similar legal issues
Application: The court ruled that a company cannot be vicariously liable for the intentional torts of an employee if those actions are personal, outside the scope of employment, and not in furtherance of the company’s business.
Reasoning: The court affirmed that Town Bus cannot be held vicariously liable for the intentional tort of its employee, as the actions were personal, outside the scope of employment, and not in furtherance of the company’s business.