Geisel v. Pennsylvania State Board of Funeral Directors

I respectfully dissent. The question before us in this case is whether the Pennsylvania State Board of Funeral Directors (Board), being a creature of statute, has authority to hold licensed funeral directors vicariously liable for the misconduct of their employees.1 The majority does not address this particular issue.2 The majori*755ty concludes only that the Board has authority to hold supervisors directly liable for failing to perform their supervisory duties.3 (Majority op. at 753-54.) In other words, the majority has determined here that Thomas L. Geisel (Geisel) was negligent, or at fault,…