Auer v. Paliath (Slip Opinion)

{¶ 1} This case concerns the vicarious liability of appellant, real-estate broker Keller Williams Home Town Realty (“Home Town”), for the tortious conduct of its former real-estate agent, Jamie Paliath. We affirm a long line of precedent in holding that in order to impose vicarious liability, a jury first has to make a factual determination that the agent was acting within the scope of her agency when she committed the torts at issue. Because the court of appeals in this case erroneously concluded that scope of agency was a matter of law and therefore outside the province of the jury, we must…