The Rogak Report: 28 Dec 2010 ** Assault - Employer Liability **
EMPLOYER NOT LIABLE FOR CAR SERVICE DISPATCHER'S
ASSAULT ON LIVERY DRIVER
Mohammad v Big Apple Car, Inc.,2010 NY Slip Op 33499(U) (Supreme Court, New York County) (Judge: O. Peter Sherwood) (CLICK LINK TO READ DECISION)
In this personal injury suit, the Supreme Court granted summary judgment in favor of defendant car service. The defendant's dispatcher allegedly assaulted one of the livery drivers due to a personal dispute. The driver sought to have the employer held vicariously liable for negligent hiring. The Court held that there was no evidence that a criminal background check would have revealed anything about this dispatcher, who, by the way, was hired based on a personal recommendation of one of the car service's clients. Nor was there any evidence that the assault was committed with the knowledge or consent of the employer.