Is an employer liable to an employee who commits acts of wilful and malicious negligence?
California, United States of America
The following excerpt is from John R. v. Oakland Unified School Dist., 256 Cal.Rptr. 766, 48 Cal.3d 438, 769 P.2d 948 (Cal. 1989):
"Under the respondeat superior doctrine, an employer's liability extends to torts of an employee committed within the scope of his employment. [Citation.] This includes willful and malicious torts as well as negligence. [Citation.]" (Martinez v. Hagopian (1986) 182 Cal.App.3d 1223, 1227, 227 Cal.Rptr. 763.)
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