Doe v. Grant Wilfley Casting, Inc.

Summary

The Appellate Division, Second Department, affirmed dismissal under CPLR 3211(a)(7) of claims against Grant Wilfley Casting, Inc. and Paramount Pictures Corporation arising from an alleged sexual assault of an extra on a film set. The court held that the alleged assault was outside the scope of employment and that the complaint insufficiently alleged the defendants' knowledge of the assailant's propensity to support negligent hiring, retention, or supervision claims.

Holdings

1. The complaint did not state a cognizable respondeat superior claim because John Doe's alleged sexual assault was committed solely for personal motives, was not in furtherance of the employers' business, and was outside the scope of employment.
2. The complaint failed to state claims for negligent hiring, negligent retention, or negligent supervision because it did not sufficiently allege that the defendants knew or should have known of John Doe's propensity to commit the alleged wrongful acts.

Questions Presented

1. Whether the complaint stated a cognizable claim against the corporate defendants under CPLR 3211(a)(7) based on vicarious liability for John Doe's alleged sexual assault.
2. Whether the complaint sufficiently alleged claims for negligent hiring, negligent retention, or negligent supervision by alleging that the defendants knew or should have known of John Doe's propensity for the alleged conduct.

Disposition

affirmed