Ralph Martin Construction & Lackawanna American Ins. Co. v. M. Castaneda-Escobar (WCAB)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding no vicarious liability for sexual assault of mentally handicapped patient because (continued . . .
• sexual assault \had no connection to the defendant's business of providing supervision and training to mentally retarded persons\
• “[I]t must be the affairs of the principal, and not solely the affairs of the agent, which are being furthered in order for the doctrine [of respondeat superior] to apply.”
• as a matter of law, employee's sexual assault of mentally retarded client was not within scope of employer's business of providing supervision and training regarding daily living skills
• “if there is room for a reasonable disagreement [regarding foreseeability of an injury], the question is one to be determined by the trier as a matter of fact.” (internal citations omitted)
• employee of department of mental retardation not acting in the scope of his employment when he sexually assaulted plaintiff who he was assigned to supervise and the key to whose apartment he had been given by the department

Source: CourtListener parenthetical corpus (CC0).