1 Elements and Case Citations
- The defendant and the tortfeasor employee were in employer-employee relationship;
- The defendant knew of the tortfeasor’s propensity to commit the tortious act or should have known of such propensity had the defendant conducted an adequate hiring procedure;
- The defendant hired, supervised and/or retained the employee despite his propensity to commit the tortious act;
- The plaintiff suffered damages proximately caused by the defendant’s negligent hiring or supervision; and
- The tort was committed on Defendant’s premises or using Defendant’s instrumentalities.
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