School district may be held liable for the negligent hiring and retention of its employees

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School district may be held liable for the negligent hiring and retentionof its employees

In an action alleging that a school employee sexually abuseda student, Supreme Court denied the school’s and the school district’s motions for summary judgment dismissing the complaint.
The Appellate Division affirmed the lower court’s ruling,explaining that::
1. The school and the school district failed to make a primafacie showing that they were not negligent with respect to the hiring andretention of the school district employee who allegedly sexually abused thestudent; and
2. The school and the school district failed “to establish, primafacie, that they discharged their duty to provide adequate supervision ofthe infant plaintiff.”
The Appellate Division noted that although “an employercannot be held vicariously liable ‘for torts committed by an employee who isacting solely for personal motives unrelated to the furtherance of theemployer's business,’ the employer may be held liable for the negligent hiringand retention of the employee.”
Further, said the court, “a school district has a duty toexercise the same degree of care toward its students as would a reasonablyprudent parent, and will be held liable for foreseeable injuries proximatelyrelated to the absence of adequate supervision,” citing Mirand v City of NewYork, 84 NY2d 44
The decision is posted on the Internet at:http://www.courts.state.ny.us/reporter/3dseries/2012/2012_06289.htm