On November 24, 2010, one of our Las Vegas attorneys appeared in Nevada District Court to argue a case against an employer who had filed a motion to dismiss the employer from the case based on the employee’s actions. In the case, the employee had allegedly attacked our firm’s client in an argument at a work function. Our client sued the employee as well as the employer. The employer moved to dismiss the case arguing that its employee’s act of attacking our client was not in the course and scope of the employee’s employment.
The Nevada Supreme Court has long held: The principal is liable for the acts and negligence of the agent in the course of his employment, although he did not authorize or did not know of the acts complained of. So long as he stands in the relations of principal or master to the wrongdoer, the owner is responsible for his acts. Forrester v. Southern Pac. Co., 134 P. 753, 763 (Nev. 1913). In addition, the Nevada Supreme Court also adopted the rule that a corporation is liable for the acts of its agents, in tort, in the course of its business and of their employment.
The Judge ruled that the employer’s motion to dismiss was denied in our case. Therefore, our client can go forward with his lawsuit against the employer.
If you believe that you have a case against an employer based on an employee’s wrongful actions, please do not hesitate to give us a call for a no-fee consultation.