Piedmont Hospital, Inc. v. Palladino

If, as a matter of law, Piedmont Hospital cannot be vicariously liable for Patterson’s assault, then no employer can ever be liable for any sexual misconduct of an employee, no matter how closely connected such conduct may be with the employee’s duties. Thus, the majority effectively establishes an absolute rule that the doctrine of respondeat superior does not apply to cases involving sexual assault. Today’s ruling contradicts well-settled precedent which applies the doctrine to willful torts committed during momentary, slight deviations from the employment for personal reasons such as anger…