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.
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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.
https://lawprofessors.typepad.com/tortsprof/2006/02/respondeat_supe.html