[The Big Sale] Simone, the owner of ABC department store, needed to hire a number of employees in a hurry because of a big summer sale she was planning. Jamal was hired by Simone to run a cash register and to assist customers with taking large purchases to their cars. Jamal encountered a particularly annoying customer, Ryan. Ryan started complaining the minute he saw Jamal. Ryan complained about having to wait for Jamal to assist him with carrying his television purchase to his car, about the merchandise in the store, and about the quality of the store's employees. Jamal tried to control himself while he carted Ryan's television to the car; however, when Ryan began verbally attacking Jamal's appearance and professional manner, Jamal threw the television to the ground and punched Ryan in the nose. Ryan chose to investigate Jamal's employment history and discovered that Jamal had been fired from his previous three jobs for taking violent action against customers. Two of his former employers were willing to testify that if Simone had called them, they would have disclosed Jamal's tendencies to her. Jamal listed the former employers on his application, but because she was in a hurry to hire employees, Simone did not take the time to check with the former employers. Another problem confronting Simone during the big sale is that Lea, a long-time employee of Simone who had never caused any problems before, accidentally, but negligently, dropped a box on the foot of a customer, Greg. Greg had to have an X-ray and is threatening to sue both Simone and Lea.
-Which of the following is true regarding whether Greg has any right of recovery against Simone for his injured foot?
A) Greg has no right of recovery against Simone because Lea had not dropped any boxes before, and Simone had no reason to suspect she would injure Greg.
B) Greg has a right of recovery against Simone only if Lea is insolvent.
C) Greg has a right of recovery against Simone, but only for 50% of his damages.
D) Greg has no right of recovery against Simone unless he is able to establish wrongdoing on her part in hiring Lea.
E) Greg has a right of recovery against Simone.

Question

Quizplus · Accepted Answer

Under the legal principle of vicarious liability, an employer can be held responsible for the negligent actions of an employee if those actions were committed in the course of employment. Since Lea's negligence occurred while she was performing her duties, Simone can be held liable for Greg's injuries.

[The Big Sale] Simone, the Owner of ABC Department Store