Negligence

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7^th Circuit Court of Appeals

Case Name: Sherry Anicich v. Home Depot, U.S.A.

Case No.: 16-1693

Officials: WOOD, Chief Judge, and ROVNER and HAMILTON, Circuit Judges

Focus: Negligence

This tragic case tests the scope of Illinois employers’ tort liability for intentional torts commit‐ ted by their supervisory employees against other employees where the employer has been negligent. Plaintiff’s complaint alleges that the defendants jointly employed as a supervisor a man with a known history of sexually harassing, verbally abusing, and physically intimidating his female subordinates. The complaint also alleges that the joint employers failed to take reasonable steps in response to female employees’ com‐ plaints and to misbehavior that more senior managers observed. The supervisor’s treatment of one subordinate, Alisha Bromfield, included verbally abusing her while throwing things, controlling and monitoring her both during and out‐ side her work hours, and requiring her to come with him on business trips. After five years of that treatment, he used his supervisory authority to require Alisha to come on a personal trip with him—to an out‐of‐state family wedding—by threatening to fire her or cut her hours if she refused. She went. After the wedding, he killed and raped her.   Alisha’s mother, acting as the administrator of the estates of Alisha and Alisha’s unborn daughter, has sued the employers. The defendant‐employers persuaded the district court that they had no duty to control this supervisor’s behavior. We respectfully disagree. Illinois law permits recovery from employers whose negligent hiring, supervision, or retention of their employees causes injury. The unusually detailed complaint plausibly states such claims. We believe the Illinois courts would apply this general principle to the claims arising from Alisha’s murder.

Reverse and remanded

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.