TortsProf Blog

Editor: Christopher J. Robinette
Southwestern Law School

Wednesday, February 15, 2006

Respondeat Superior?

Donut shop employees spitting and urinating in coffee cups in our fair commonwealth:

Police began asking questions on Jan. 29, after an anonymous tipster said the store manager was ''SPITTING and putting URINE in POLICE OFFICERS COFFEE,'' according to a police report filed in court.

* * *

At least one doughnut shop employee told police she heard DaSilva threaten to spit in a customer's coffee and heard Rodrigues encourage him.

On one occasion, the woman heard DaSilva ''make a spitting sound while the coffees were in front of him,'' then saw him serve the drinks to a customer, according to the police report.

Probably no vicarious liability, given how contrary it is to the purposes of the Dunkin Donuts, but still an interesting fact pattern.

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