Schiffer v. United Grocers, Inc.

I agree with the court’s disposition. I write separately to comment on the discussion of the premises for reconsideration of common-law rules expressed in G.L. v. Kaiser Foundation Hospitals, Inc., 306 Or 54, 59, 757 P2d 1347 (1988).

In G.L., the plaintiff asked this court to impose liability on a hospital, without proof of negligence, for an employee’s criminal assault against the plaintiff, who was a *102hospital patient. The employee was acting outside the scope of employment at the time of the assault. Because the parties had framed their arguments in terms of the competing policies supporting…