Marla Raus, Esq. recently secured an order of summary judgment dismissal on behalf of a North Country Drug Rehabilitation Facility, sued by a former resident. The former resident had claimed the facility was vicariously liable for the actions of a night shift nurse who gave him unprescribed medications and engaged in personal contact with him. The former resident also claimed negligent hiring, supervision, and training of the nurse.
The court determined as a matter of law that the actions of the nurse were wholly outside the scope of her employment and there was no evidence of advance notice to the defendant facility that the nurse was at risk to behave this way.