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Lawsuit for Negligent Hiring Allowed to Proceed

Published by on December 8, 2010

A Charlottesville, Virginia counseling firm and its founder are alleged to have knowingly hired an employee that misrepresented his professional credentials  and who later allegedly sexually assaulted a boy under his care.   More after the break. A civil complaint was filed on behalf of the boy alleging fraud, sexual assault and battery, taking incident liberties […]

A Charlottesville, Virginia counseling firm and its founder are alleged to have knowingly hired an employee that misrepresented his professional credentials  and who later allegedly sexually assaulted a boy under his care.   More after the break.

A civil complaint was filed on behalf of the boy alleging fraud, sexual assault and battery, taking incident liberties with a minor while in a supervisory relationship, negligent hiring, and violation of Virginia’s consumer protection act.  The complaint alleged that the counseling firm and its founder are liable for the actions of the former employee under the respondeat superior theory of liability

In ruling on a demurrer and plea in bar filed by the defendants, the judge dismissed the fraud and respondeat superior claims, but allowed the sexual assault, negligent hiring, and consumer protection claims to proceed.  According to the complaint, several warning signs should have caused the counseling firm to question the employee’s purported education and experience.

For a link to an article about the case, click here.

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