Rodebush Ex Rel. Rodebush v. Oklahoma Nursing Homes, Ltd.

I must respectfully dissent. Not only do I believe that the nursing home is not liable for the intentional tort of its employee, but I am also troubled by the majority’s determination that the cap on punitive damages may be lifted pursuant to 23 O.S.Supp.1986, § 9 under the facts of this case. In my estimation, this is, at best, a case of negligent hiring and training, and presents nothing further in the way of tort liability on the part of the nursing home.

I

RESPONDEAT SUPERIOR LIABILITY

It is settled law that in order to hold an employer liable for the intentional tort of its *1253employee, the…