39–8. Torts. Jennifer Hoffman took her cell phone to a store owned by R&K Tradin

Question

39–8. Torts. Jennifer Hoffman took her cell phone to a store owned by R&K Trading, Inc., for repairs. Later, Hoffman filed a suit in a New York state court against R&K, Verizon Wireless, Inc., and others. Hoffman sought to recover damages for a variety of torts, including infliction of emotional distress and negligent hiring and supervision. She alleged that an R&K employee, Keith Press, had examined her phone in a back room, accessed private photos of her stored on her phone, and disseminated the photos to the public. Hoffman testified that “after the incident, she learned from another R&K employee that personal information and pictures had been removed from the phones of other customers.” Can R&K be held liable for the torts of its employees? Explain. [Hoffman v. Verizon Wireless, Inc., 5 N.Y.S.3d 123, 125 A.D.3d 806 (2015)] (See The Nature and Classification of Corporations.)

Explanation / Answer

Yes, R & K can be held liable for the torts of its employees.

Respondeat Superior ( Let the master answer) is a doctrine, in pursuance to which, an entity is responsible ( or vicariously liable) for wrongful acts of its employees or agents, provided that the act occurs within the scope of the employment or agency.

Hence, pursuant to the doctrine of respondeat superior, an employer can be held vicariously liable for torts committed by its employees acting within the scope of employment.

Accordingly, R & K Trading Inc. can be held liable, unless it can prove to the satisfaction of the court that the employee concerned was acting out of personal motives, which were outside the scope of employment, or had nothing to do with the furtherance of the employer's business.

Of course, though this was a criminal act, the corporation, not being a biological entity, cannot be sent to prison. It can only be fined. But the actual perpetrator of the crime, i.e, Keith Press can go to prison.

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