Fortune v. Principal Financial Group, Inc.

I respectfully dissent as I do not agree with the majority that the Fortunes and Etheridge are precluded (as a matter of law) from recovering based on a theory of respondeat superior. Specifically, I believe there is proof that would authorize a jury’s finding that Ernie Malcolm James was Principal’s actual agent or, alternatively, that Principal clothed James with (apparent) authority to act as an authorized agent. Furthermore, I do not believe that Principal’s liability for negligent hiring and retention is foreclosed by a finding that Ernie Malcolm James acted outside the scope of his…