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Case Citations [1] (Spring 2025)

handle is hein.ali/resndacy0143 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2025 Citations AGENCY 2D Generally Me.2024. Cit. generally in sup. and in ftn., cit. generally in cases cit. in sup. Restaurant patrons filed a claim for race discrimination in violation of the Maine Human Rights Act against restaurant owner and operator, alleging that defendant's employee used an offensive racial slur against them. After a bench trial, the trial court found that defendant was not vicariously liable for its employee's conduct. This court affirmed, holding that defendant's employee was not acting within the scope of his employment under the Restatement Second of Agency, because his conduct was not actuated by a purpose to serve defendant. The court pointed to evidence that defendant had adopted policies against discrimination and implemented them through training and disciplinary action, and that there was no evidence that defendant previously tolerated discriminatory behavior by its employees or had reason to foresee that the employee in question would engage in such conduct. Vargas v. Riverbend Management LLC, 314 A.3d 241, 245, 248. Pa.Super.2023. Cit. generally in ftn. to diss. op. Patient's wife, as administrator of patient's estate, sued hospital where patient sought emergency medical treatment, alleging that hospital's negligent care of patient caused his death. At trial, the court granted hospital's motion for a compulsory nonsuit on wife's corporate-negligence claim. Sitting en banc, this court affirmed the nonsuit, holding that wife failed to show that hospital had actual or constructive knowledge of the purported substandard care provided to decedent, as required for wife to prevail on her corporate-negligence claim. The dissent argued that the trial committed reversible error by not submitting wife's corporate-negligence claim to the jury, noting that the claim arose from the policies, actions, or inactions of hospital itself, rather than the specific acts of individual hospital employees, regardless of whether the treating individuals were employees or individual contractors under the Restatement Second of Agency. Corey v. Wilkes-Barre Hospital Company, LLC, 307 A.3d 701, 729. CHAPTER 1. INTRODUCTORY MATTERS TOPIC 1. DEFINITIONS COPYRIGHT 02025 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.