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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

O'Neil v. Roman Catholic Diocese

A student worker at St. Ephrem’s Church (the plaintiff) experienced sexual harassment from a visiting priest. After a particularly egregious incident, she informed other parish priests who promptly referred her to law enforcement. The plaintiff subsequently sued the Roman Catholic Diocese of Brooklyn and St. Ephrem’s Church for sexual harassment, negligence, negligent hiring, and negligent supervision, arguing they should have known of the priest's propensity. The Supreme Court, Kings County, granted summary judgment to the Diocese defendants, dismissing the plaintiff's claims, finding they lacked actual or constructive knowledge. The appellate court affirmed this decision, concluding that the defendants met their burden in demonstrating no prior knowledge of the visiting priest's conduct and acted diligently once informed.

Sexual HarassmentHostile Work EnvironmentNegligenceNegligent HiringNegligent SupervisionSummary JudgmentEmployer LiabilityConstructive KnowledgeDiscriminationNew York City Human Rights Law
References
8
Case No. 2021 NY Slip Op 05950
Regular Panel Decision
Nov 03, 2021

Dojce v. 1302 Realty Co., LLC

The plaintiff, Petrika Dojce, was injured by a power saw while working for an employer hired by 1302 Realty Company, LLC's tenant. Dojce sued 1302 Realty, alleging common-law negligence and violations of Labor Law §§ 200 and 241 (6), including negligent supervision, retention, and hiring, and injuries such as psychosis. The Supreme Court of Kings County denied 1302 Realty's motion to strike negligent supervision claims, granted Dojce's cross-motion for summary judgment on a Labor Law § 241 (6) claim, and granted Dojce's motion to strike certain deposition testimony. On appeal, the Appellate Division, Second Department, modified the Supreme Court's order by granting 1302 Realty's motion to strike the negligent supervision, retention, and hiring claims due to lack of evidence. The Appellate Division also denied Dojce's cross-motion for summary judgment as untimely, as it was filed months after the deadline and raised different issues. The Appellate Division affirmed the striking of Francesco Pedulla's deposition testimony as an appropriate remedy for improperly obtained evidence.

Personal InjuryLabor LawSummary JudgmentNegligent SupervisionNegligent HiringNegligent RetentionDeposition TestimonyUntimely MotionIndustrial CodeWorkplace Safety
References
8
Case No. MISSING
Regular Panel Decision

Cooper v. United States

Plaintiff Deanna Dozier Park Cooper sued the United States under the Federal Torts Claims Act (FTCA) for emotional distress after a postal worker, Ronald Eudy, allegedly exposed his genitalia to her. Cooper claimed negligent hiring and retention of Eudy by the United States and sought to hold the government liable under a theory of respondeat superior, arguing Eudy was acting within the course and scope of his employment. The Defendant, United States, filed motions to dismiss and for summary judgment, arguing lack of liability based on the discretionary function exception of the FTCA for hiring and retention decisions, and asserting that Eudy's alleged actions were outside the scope of his employment. The Court granted the Defendant's motions, dismissing the negligent hiring and retention claims due to lack of subject matter jurisdiction and granting summary judgment on the respondeat superior claim, finding Eudy's conduct was outside the scope of employment. A motion to stay discovery was also granted.

Federal Tort Claims ActNegligent HiringNegligent RetentionRespondeat SuperiorDiscretionary Function ExceptionScope of EmploymentEmotional DistressPostal WorkerSummary JudgmentMotion to Dismiss
References
3
Case No. MISSING
Regular Panel Decision
Dec 15, 2005

Peter T. v. Children's Village, Inc.

This case involves an appeal by Children's Village, Inc. (CV) from an order of the Supreme Court, Westchester County. The plaintiff, a former resident of CV, alleged sexual molestation by a volunteer, Samuel Toffel, who followed another youth from Westchester County Health Care Corporation (WCHCC) to CV. The plaintiff, through his legal guardian, sued CV for negligent hiring, retention, and supervision, respondeat superior, breach of fiduciary duty, and negligent infliction of emotional distress. The Supreme Court initially granted summary judgment only on the negligent hiring claim. On appeal, the order was modified to grant summary judgment dismissing the fourth, sixth, seventh, eighth, and ninth causes of action against CV, but denied dismissing the negligent retention and supervision claim, finding a triable issue of fact regarding CV's knowledge of Toffel's propensity for misconduct.

Personal InjurySexual AbuseNegligent SupervisionRespondeat SuperiorBreach of Fiduciary DutyEmotional DistressSummary JudgmentAppellate ReviewVolunteer MisconductInstitutional Negligence
References
9
Case No. MISSING
Regular Panel Decision
Jan 21, 2000

T. W. v. City of New York

This personal injury action arises from the sexual assault of an infant plaintiff by Anthony Monroe, an employee of the Police Athletic League (PAL) at a community center. Plaintiffs sued PAL for negligent hiring, retention, and supervision. The trial court initially granted summary judgment for PAL, dismissing the complaint. However, the appellate court modified the decision, denying summary judgment on the claims of negligent hiring and retention, and negligent supervision of the children. The court found that factual issues existed regarding PAL's duty to investigate Monroe's criminal background, given its knowledge of a prior conviction, and its duty to supervise the children.

Negligent HiringNegligent RetentionNegligent SupervisionSexual AssaultPersonal InjurySummary JudgmentCriminal Background CheckEmployer LiabilityProximate CauseYouth Programs
References
8
Case No. No. 11-19-00256-CV
Regular Panel Decision
Aug 26, 2021

Mark Wheeler, Cindy Wheeler, Jeremy Rich, and David Kiser v. Brandon Scott Free, Ringo Drilling I, L.P., and Ringo Management Company, L.L.C.

This is a personal injury case stemming from a single-vehicle accident involving Appellants Mark Wheeler, Jeremy Rich, and David Kiser, who were passengers, and Brandon Scott Free, the driver. All parties were employees of Appellees Ringo Drilling I, L.P. and Ringo Management Company, L.L.C. (collectively Ringo), and were traveling to a drill site. Appellants sued Free for negligence and Ringo for vicarious liability under respondeat superior and direct liability for negligent hiring, training, and retention. The trial court granted summary judgment for Ringo. The appellate court affirmed the trial court's judgment, concluding that Free was not in the course and scope of his employment for vicarious liability purposes and that Ringo owed no duty to Appellants for Free's off-duty and off-premises conduct related to negligent hiring/retention claims.

Personal InjuryVehicle AccidentNegligenceRespondeat SuperiorVicarious LiabilityNegligent HiringNegligent RetentionWorkers' Compensation ActExclusive RemedyCourse and Scope of Employment
References
31
Case No. 2020 NY Slip Op 08017 [192 AD3d 91]
Regular Panel Decision
Dec 29, 2020

Sandoval v. Leake & Watts Servs., Inc.

Eduardo Sandoval, a nonverbal autistic resident, suffered burns from a heated potato masher at a residential facility operated by Leake and Watts Services, Inc. (L&W). His co-guardians sued L&W, its employees Asialone Edwards and Wendell Chavies, alleging battery, negligence, and negligent hiring, retention, supervision, and training. The Supreme Court denied L&W's and Edwards' motions for summary judgment. The Appellate Division modified this decision, dismissing claims against L&W based on respondeat superior, but affirmed the denial of summary judgment for negligent hiring, retention, supervision, and training claims, and for Edwards' individual claims. The court highlighted L&W's failure to adequately check employee references and that the potential for abuse was foreseeable based on L&W's own training materials.

Negligent hiringNegligent retentionNegligent supervisionNegligent trainingRespondeat superiorSummary judgmentAutismResidential facilityEmployee misconductPropensity to commit injury
References
15
Case No. W2023-00437-COA-R3-CV
Regular Panel Decision
Jan 02, 2025

Sandra Easley v. City of Memphis

Plaintiff Sandra Easley was injured after being struck by a city-owned vehicle driven by a city employee while crossing a street outside a crosswalk. The trial court found the City of Memphis vicariously liable for employee negligence and directly liable for negligent hiring/retention, allocating 10% fault to Easley. This Court reversed, finding no proof of negligent hiring and concluding Easley was at least 50% at fault, barring recovery. The Tennessee Supreme Court vacated that judgment, citing a lack of deference to the trial court's factual findings. On remand, this Court affirms the finding of employee negligence, reverses the finding of direct negligent hiring, vacates the allocation of fault and damages, and remands the case for re-allocation of fault based only on vicarious liability and recalculation of damages with more specific findings.

Comparative FaultVicarious LiabilityNegligent HiringPedestrian AccidentMotor Vehicle AccidentAllocation of FaultDamages AssessmentCredibility DeterminationsStandard of ReviewAppellate Procedure
References
44
Case No. 2017 NY Slip Op 03262 [149 AD3d 654]
Regular Panel Decision
Apr 27, 2017

Stein v. Douglas Elliman, LLC

This case involves a claim of negligent hiring, supervision, and retention following the murder of Linda Stein by her assistant, Natavia Lowery. Lowery was an employee of Axion, a temp agency, and was placed as an assistant to Stein, an independent contractor for Douglas Elliman, LLC (DE-LLC). The court found that Axion was not liable for negligent hiring, supervision, or retention because it had no prior notice of Lowery's violent propensities. Additionally, Douglas Elliman, LLC's motion for summary judgment was granted as Lowery was not considered a special employee of DE-LLC, and DE-LLC did not exercise supervision or control over her work.

Negligent HiringNegligent SupervisionNegligent RetentionSummary JudgmentSpecial EmployeeVicarious LiabilityAssaultMurderTemp AgencyIndependent Contractor
References
3
Case No. MISSING
Regular Panel Decision
May 04, 2005

Ernest L. v. Charlton School

Plaintiffs, parents of Natasha L., sued Charlton School for negligent hiring and retention of youth care worker Peter Philo. Philo, employed by Charlton, engaged in sexual intercourse with 15-year-old Natasha during her weekend home visits. The Supreme Court partially granted summary judgment to Charlton, and this appellate court affirmed that decision. The court found Charlton exercised reasonable care in hiring Philo, conducting interviews, checking references, and motor vehicle records, and confirming no prior child abuse listings. Regarding negligent retention, Charlton promptly investigated a rumor of misconduct, which was initially denied by both Philo and Natasha, leading to a determination that it was unsubstantiated before Philo's resignation.

Negligent HiringNegligent RetentionSummary JudgmentStatutory RapeFoster Care AgencyYouth Care Worker MisconductForeseeability of HarmEmployee Background CheckAdequate SupervisionChild Abuse Investigation
References
4
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