Maras v. Milestone, Inc.

Plaintiff, Mary Maras, as the guardian of her disabled adult daughter, Shaharu Daniels, appeals the dismissal of the vicarious liability counts of her complaint against defendant, Milestone, Inc., the operator of the home where her daughter lives. The court dismissed the counts, holding that, as a matter of law, plaintiff could not establish that an employee of defendant’s committed the alleged battery of Daniels in the course of his or her employment, an essential condition for vicarious liability. Because we believe that the court misapplied the standard for whether an act occurred in the…