California, United States of America
The following excerpt is from Lisa M. v. Henry Mayo Newhall Memorial Hospital, 12 Cal.4th 291, 48 Cal.Rptr.2d 510, 907 P.2d 358 (Cal. 1995):
[12 Cal.4th 299] Looking at the matter with a slightly different focus, California courts have also asked whether the tort was, in a general way, foreseeable from the employee's duties. Respondeat superior liability should apply only to the types of injuries that are " 'as a practical matter are sure to occur in the conduct of the employer's enterprise.' " (Hinman v. Westinghouse Elec. Co., supra, 2 Cal.3d at p. 959, 88 Cal.Rptr. 188, 471 P.2d 988.) The employment, in other words, must be such as predictably to create the risk employees will commit intentional torts of the type for which liability is sought.
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