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Seegers v. Shibley Summer Day Camp, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Nov 23, 1998
255 A.D.2d 499 (N.Y. App. Div. 1998)

Opinion

November 23, 1998

Appeal from the Supreme Court, Nassau County (Adams, J.).


Ordered that the order is affirmed, with costs.

It is well settled that an employer will not be held vicariously liable for the actions of its employee which are outside the scope of employment and not in furtherance of the employer's business ( see, Riviello v. Waldron, 47 N.Y.2d 297, 302). Here, the defendant is not liable for the actions of its junior staff members in tying, gagging, and locking the infant plaintiff in a shed, as those acts were personally motivated, not within the scope of employment, and not in furtherance of camp business. Additionally, the defendant is not liable for the failure of the infant plaintiff's camp counselor to accompany the infant plaintiff to the shed, as that failure was not the proximate cause of the infant plaintiff's injuries. Finally, the defendant is not liable under a theory of negligent hiring, supervision, or training as the defendant had no notice of the employees propensities for these acts ( see, Kenneth R. v. Roman Catholic Diocese, 229 A.D.2d 159, cert denied 522 U.S. 967).

O'Brien, J. P., Florio, McGinity and Luciano, JJ., concur.


Summaries of

Seegers v. Shibley Summer Day Camp, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Nov 23, 1998
255 A.D.2d 499 (N.Y. App. Div. 1998)
Case details for

Seegers v. Shibley Summer Day Camp, Inc.

Case Details

Full title:EVA SEEGERS, Individually and as Parent and Natural Guardian of BRYAN…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 23, 1998

Citations

255 A.D.2d 499 (N.Y. App. Div. 1998)
680 N.Y.S.2d 173

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