Lindeman v. Corporation of the President of the Church of Jesus Christ of Latter-day Saints
United States District Court for the District of Colorado
43 F. Supp. 3d 1197 (2014)
David Frank (defendant), a 40-year-old Sunday school teacher for the Church of Jesus Christ of Latter-day Saints (defendant), had a criminal history of domestic disputes and restraining-order violations with his ex-wife, but the church never conducted a background check and was unaware of that history when hiring him. Frank began communicating with his 15-year-old student, Ashley Lindeman (plaintiff), outside of class and had sexual intercourse with her off church grounds on two occasions; he later pled guilty to criminal sexual assault. Lindeman sued the church for vicarious liability, negligent hiring, and negligent supervision, and the church moved for summary judgment.
Whether an employer owes a duty of care to a third party injured by an employee if the employee's conduct is not so connected with the employment in time and place that the employer knew that harm may result and had the opportunity to control the conduct.