39–8. Torts. Jennifer Hoffman took her cell phone to a store owned by R&K Tradin

Question

39–8. Torts. Jennifer Hoffman took her cell phone to a store owned by R&K Trading, Inc., for repairs. Later, Hoffman filed a suit in a New York state court against R&K, Verizon Wireless, Inc., and others. Hoffman sought to recover damages for a variety of torts, including infliction of emotional distress and negligent hiring and supervision. She alleged that an R&K employee, Keith Press, had examined her phone in a back room, accessed private photos of her stored on her phone, and disseminated the photos to the public. Hoffman testified that “after the incident, she learned from another R&K employee that personal information and pictures had been removed from the phones of other customers.” Can R&K be held liable for the torts of its employees? Explain. [Hoffman v. Verizon Wireless, Inc., 5 N.Y.S.3d 123, 125 A.D.3d 806 (2015)] (See The Nature and Classification of Corporations.)

Explanation / Answer

If proper is submitted against the employee and if that other employee can testify against the employee then R&K can be held liable for the torts because they are the responsibility of the company in working hours.

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