One of the issues considered by the Appellate Division in this action was the Plaintiff's allegation that the employer was negligent in its appointment and retention of certain employees.
A majority of the court, Judge Friedman dissenting in part in a separate Opinion, sustained this branch of Plaintiff's cause of action, noting:
1. "A cause of action for negligent hiring and retention requires allegations that an employer knew of its employee's harmful propensities, that it failed to take necessary action, and that this failure caused damage to others;
2. "The cause of action does not need to be pleaded with specificity; and
3. "Liability for negligent hiring and retention does not require a special relationship between the defendant and the alleged victim."
Further, opined the Appellate Division, "[l]iability for negligent hiring and retention is not limited to employees' actions within their scope of employment," explaining it obtains where the employer's negligence is a proximate cause of a plaintiff's injury.
Click HERE to access the Appellate Division's opinion.