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Keywords

lawsuittortplaintiffdefendantliabilityappealduty of care
tortplaintiffdefendantliabilityappealduty of care

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Randi W. v. Muroc Joint Unified School Dist., 14 Cal.4th 1066, 929 P.2d 582, 60 Cal.Rptr.2d 263, 69 Empl. Prac. Dec. P 44,492, 65 USLW 2513, 133 Lab.Cas. P 58,208, 115 Ed. Law Rep. 502, 12 IER Cases 998, 68 A.L.R.5th 719, 97 Cal. Daily Op. Serv. 614, 97 Daily Journal D.A.R. 965

Facts

Randi W., a student at Livingston Middle School, was sexually molested by Robert Gadams, a vice principal who had a history of sexual misconduct. Gadams's former employers provided positive recommendations to a college placement service without disclosing his past allegations of sexual misconduct. These recommendations led to Gadams being hired by another school district, where he later assaulted Randi W. The lawsuit alleged that the defendants were negligent in their hiring and recommendation practices, failing to disclose critical information about Gadams's history.

Randi W., a student at Livingston Middle School, was sexually molested by Robert Gadams, a vice principal who had a history of sexual misconduct.

Issue

Under what circumstances can courts impose tort liability on employers who fail to use reasonable care in recommending former employees for employment without disclosing material information about their fitness?

Under what circumstances can courts impose tort liability on employers who fail to use reasonable care in recommending former employees for employment without disclosing material information about their fitness?

Rule

The writer of a recommendation letter owes a duty not to misrepresent the facts in describing the qualifications and character of a former employee if such misrepresentations present a substantial, foreseeable risk of physical injury to third persons.

The writer of a recommendation letter owes a duty not to misrepresent the facts in describing the qualifications and character of a former employee if such misrepresentations present a substantial, foreseeable risk of physical injury to third persons.

Analysis

The court found that the defendants' letters of recommendation contained misleading statements about Gadams's qualifications and character, as they failed to disclose known allegations of sexual misconduct. The court applied the Restatement Second of Torts, which imposes liability on those who intentionally or negligently provide false information that results in physical harm. The court concluded that the defendants could foresee that their misrepresentations would lead to Gadams being hired and potentially harming a student.

The court found that the defendants' letters of recommendation contained misleading statements about Gadams's qualifications and character, as they failed to disclose known allegations of sexual misconduct.

Conclusion

The court affirmed in part and reversed in part the Court of Appeal's judgment, holding that the defendants owed a duty to the plaintiff and that their misrepresentations could lead to tort liability.

The court affirmed in part and reversed in part the Court of Appeal's judgment, holding that the defendants owed a duty to the plaintiff and that their misrepresentations could lead to tort liability.

Who won?

The plaintiff, Randi W., prevailed in part as the court recognized the duty of care owed by the defendants in their recommendations, allowing her claims of negligent misrepresentation and fraud to proceed.

The plaintiff, Randi W., prevailed in part as the court recognized the duty of care owed by the defendants in their recommendations, allowing her claims of negligent misrepresentation and fraud to proceed.

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