Davis v. Devereux Foundation
New Jersey Supreme Court
37 A.3d 469 (2012)
Relevant factsFree
Devereux's (defendant) employee, McClain, deliberately poured boiling water on resident Davis out of personal anger, unrelated to any job function, despite Devereux having conducted thorough background screening revealing no violent history; Davis's mother sued Devereux for vicarious liability, and the trial court dismissed the claims for lack of a nondelegable duty, while the appellate court agreed on that point but reversed on whether a jury could find McClain acted within her employment scope, prompting further appeal.
IssueFree
Whether an employer is liable for torts of employees that exceed the scope of the employment relationship absent a nondelegable duty.