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Keywords

torttrialsummary judgment
torttrialsummary judgment

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Fahrendorff ex rel. Fahrendorff v. North Homes, Inc., 597 N.W.2d 905

Facts

Michelle Fahrendorff, a 15-year-old girl, was placed in the I.T.A.S.K.I.N. House, a group home operated by North Homes, after a dispute with her parents. During her stay, she was sexually assaulted by David Kist, a program counselor. Kist had been hired after passing a background check and had no prior criminal history. Despite previous complaints about his conduct, he was not disciplined. On the night of the assault, Kist was the only adult present in the home, and he used his position to gain access to Fahrendorff's room, where he made sexual advances towards her.

Michelle Fahrendorff, a 15-year-old girl, was placed in the I.T.A.S.K.I.N. House, a group home operated by North Homes, after a dispute with her parents.

Issue

Whether the sexual assault committed by an employee of North Homes fell within the scope of his employment, thereby making the employer vicariously liable.

Whether the sexual assault committed by an employee of North Homes fell within the scope of his employment, thereby making the employer vicariously liable.

Rule

An employer may be held vicariously liable for the torts of an employee committed within the course and scope of employment, even if the employee's actions were illegal and for personal gratification, as long as the source of the attack is related to the employee's duties.

An employer may be held vicariously liable for the torts of an employee committed within the course and scope of employment.

Analysis

The court analyzed whether Kist's actions were related to his employment duties. It noted that Kist's position as a program counselor allowed him to be alone with Fahrendorff and that his advances were initiated through discussions related to her situation in the group home. The court found that the evidence suggested a connection between Kist's employment and his wrongful acts, which raised a genuine issue of material fact regarding foreseeability.

The court analyzed whether Kist's actions were related to his employment duties.

Conclusion

The Supreme Court reversed the lower courts' decisions and remanded the case for trial, concluding that there were genuine issues of material fact regarding the foreseeability of Kist's actions and their relation to his employment.

The Supreme Court reversed the lower courts' decisions and remanded the case for trial.

Who won?

Fahrendorff prevailed in the Supreme Court's decision to reverse the summary judgment, as the court found that there were genuine issues of material fact that warranted a trial.

Fahrendorff prevailed in the Supreme Court's decision to reverse the summary judgment.

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