West Case Update

Employer Generally Not Liable for Assaults by Employees

Description Appeals court reversed a jury verdict holding a church liable for a sexual assault committed by the church pastor on a minor. Since the assault was not within the scope of employment, there is no liability based on respondeat superior or negligent supervision.

Topic Agency

Key Words Master-Servant; Respondeat Superior; Negligent Supervision

C A S E S U M M A R Y

Facts L.M. sued the Southeastern Spanish District Council of the Assemblies of God, the General Council of the Assemblies of God, Iglesia Cristiana La Casa Del Senor (the Church), and its former pastor, Ali Pacheco, contending that Pacheco had sexually assaulted her in 1991 when she was a minor. She contended the Church was liable based on negligent supervision and respondeat superior. The District and Council settled with L.M., leaving the Church and Pacheco as defendants. The jury found the Church liable for Pacheco's criminal act on the grounds of respondeat superior and negligent supervision. The Church appealed.

Decision Reversed. Under the doctrine of respondeat superior, an employer cannot be held liable for the tortious or criminal acts of an employee, unless the acts were committed during the course of the employment and to further a purpose of interest, however excessive of misguided, of the employer. An employee's conduct is within the scope of his employment when 1) the conduct is of the kind he was employed to perform, 2) the conduct occurs substantially within the time and space limits authorized or required by the work to be performed, and 3) the conduct is activated at least in part by a purpose to serve the master. Generally, sexual assaults by employees are outside the scope of employment and, therefore, insufficient to impose vicarious liability on the employer. Jury verdict against the Church to be set aside.

Citation Iglesia Cristiana La Casa Del Senor, Inc. v. L.M., 783 So.2d 353 (Ct. App., Fla., 2001)

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Employer Generally Not Liable for Assaults by Employees
Description	Appeals court reversed a jury verdict holding a church liable for a sexual assault committed by the church pastor on a minor. Since the assault was not within the scope of employment, there is no liability based on respondeat superior or negligent supervision.
Topic	Agency
Key Words	Master-Servant; Respondeat Superior; Negligent Supervision
C A S E S U M M A R Y
Facts	L.M. sued the Southeastern Spanish District Council of the Assemblies of God, the General Council of the Assemblies of God, Iglesia Cristiana La Casa Del Senor (the Church), and its former pastor, Ali Pacheco, contending that Pacheco had sexually assaulted her in 1991 when she was a minor. She contended the Church was liable based on negligent supervision and respondeat superior. The District and Council settled with L.M., leaving the Church and Pacheco as defendants. The jury found the Church liable for Pacheco's criminal act on the grounds of respondeat superior and negligent supervision. The Church appealed.
Decision	Reversed. Under the doctrine of respondeat superior, an employer cannot be held liable for the tortious or criminal acts of an employee, unless the acts were committed during the course of the employment and to further a purpose of interest, however excessive of misguided, of the employer. An employee's conduct is within the scope of his employment when 1) the conduct is of the kind he was employed to perform, 2) the conduct occurs substantially within the time and space limits authorized or required by the work to be performed, and 3) the conduct is activated at least in part by a purpose to serve the master. Generally, sexual assaults by employees are outside the scope of employment and, therefore, insufficient to impose vicarious liability on the employer. Jury verdict against the Church to be set aside.
Citation	Iglesia Cristiana La Casa Del Senor, Inc. v. L.M., 783 So.2d 353 (Ct. App., Fla., 2001)