Negligent Hiring/Supervision

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In Lang v. District of Columbia, et al, 2023 WL 2708820 (D.D.C. March 30, 2023), the U.S. District Court for the District of Columbia dismissed plaintiff’s “failure to protect against hostile work environment” claim. From the decision: That leaves Plaintiff’s claims based on Defendants’ negligent failure to protect her from the hostile work environment. These…

Read More Court Declines to Recognize, and Dismisses, Hostile Work Environment Claim Based on “Negligent Supervision” Theory
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In Miles v. Pepsico et al, 20-cv-1591, 2022 WL 798272 (N.D.N.Y. March 16, 2022), a case arising from allegations of a racially discriminatory workplace – asserted by one African American plaintiff and two of his Caucasian co-workers – the court granted defendants’ motion to dismiss plaintiff’s claims for (1) intentional infliction of emotional distress, (2)…

Read More Racially Discriminatory Workplace Allegations May Not Proceed Under “Intentional Infliction of Emotional Distress” Theory; Negligence Claims Barred by NY Workers’ Compensation Law
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In Kouri v Eataly N.Y. LLC, No. 14538, 158476/14, 2021-00047, 2021 N.Y. Slip Op. 06044, 2021 WL 5113230 (N.Y.A.D. 1 Dept. Nov. 04, 2021), the court affirmed the denial of defendants’ motion for summary judgment on plaintiff’s claims arising from his ejection from Eataly. As to plaintiff’s public accommodation discrimination claims asserted under the New…

Read More Public Accommodation (Sexual Orientation) Discrimination Case Proceeds Against Eataly NY LLC
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In Kuti v. Sera Sec. Servs., 2020 NY Slip Op 02153 (App. Div. 1st Dept. April 2, 2020), the Appellate Division, First Department affirmed the denial of defendant security company’s motion for summary judgment. Plaintiff here is a nurse who was injured when she was attacked by a patient at the healthcare facility where she…

Read More Attacked Nurse’s Negligence Suit Against Security Company Continues
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In Reynolds v. State, No. 528410, 2020 N.Y. Slip Op. 00897, 2020 WL 572813 (N.Y.A.D. 3 Dept., Feb. 06, 2020), the court, inter alia, upheld a jury’s verdict on plaintiff’s hostile work environment (sexual harassment) claim under the New York State Human Rights Law. From the decision: We reject OPWDD’s argument that the verdict on…

Read More Sexual Harassment (Hostile Work Environment) Jury Verdict Upheld
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From KM v. Fencers Club, Inc., 2018 NY Slip Op 05923 (App. Div. 2d Dept. Aug. 29, 2018): A necessary element of a cause of action alleging negligent hiring or negligent supervision of an employee is that the “employer knew or should have known of the employee’s propensity for the conduct which caused the injury” (Kenneth R.…

Read More Fencing School Held Not Liable for Sexual Assault of Minor By Coach
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In a Manhattan federal lawsuit, captioned Rodriguez v. Highgate Hotels (SDNY 16-cv-05736, filed July 19, 2016), plaintiff (a male hotel worker) alleges that he was terminated for having a relationship with a female co-worker, while the defendant did not discipline (and in fact celebrated) a “clandestine romantic relationship” between a male supervisor and his male subordinate. Plaintiff…

Read More Gender and Sexual Orientation Discrimination Lawsuit By Heterosexual Hotel Worker
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In Haight v. NYU Langone Med. Ctr., Inc., No. 13 CIV. 4993 (LGS), 2016 WL 29628 (S.D.N.Y. Jan. 4, 2016), the Southern District of New York denied defendants’ motion for summary judgment on plaintiff’s sex-based hostile work environment (sexual harassment) and disability discrimination claims, but granted it with respect to her negligent supervision/retention claims. (2014…

Read More Pediatric Nurse’s Sexual Harassment and Disability Discrimination Claims Against NYU Langone Medical Center Survive Summary Judgment
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In Tansey v. Coscia, 2015 NY Slip Op 31778(U) (Sup. Ct. Suffolk Cty., Sept. 21, 2015), the court denied the defendant bar’s motion for summary judgment on plaintiff’s Dram Shop Act and negligent supervision claims. In this personal injury case, the plaintiff alleged that he was assaulted by another patron, defendant Nicholas Coscia, while inside defendant’s…

Read More Dram Shop Act Claim, Arising From Bar Patron Assault, Survives Summary Judgment
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Every first-year law student reads the case of Palsgraf v Long Is. R.R. Co., 248 NY 339 [1928], arguably the leading case in New York on the issue of whether a defendant had a duty to plaintiff in a negligence case. In Gonzalez v. City of New York, 2015 Slip NY Slip Op 06869 (App. Div.…

Read More Court Reinstates Negligence Claims Against City Arising From Fatal Shooting By Off-Duty Officer
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