Rodgers v. Kemper Construction Co.

How courts have described this case

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

• employer liable for injuries caused when two employees, who had consumed alcohol on the employer’s premises after work, assaulted two nonemployees at a construction site
• test for respondeat superior is “closely related to the test applied in workers’ compensation cases”
• employer liable for injuries caused when two employees, who had consumed alcohol on the employer’s premises after work, assaulted two nonemployees at a construction site
• “ ‘forseeability’ ... means that in the context of the particular enterprise an employee’s conduct is not so unusual or startling that it would seem unfair to include the loss resulting from it among other costs of the employer’s business”
• employee’s conduct, a physical altercation between workers 21 after hours but at worksite, was not so unusual or startling in that business context, and costs of 22 tort should therefore be considered part of cost of doing business

Source: CourtListener parenthetical corpus (CC0).