Torts Duty to warn
Employers have no duty to seek out and disclose information to an employee's subsequent employers or the public at large concerning a former employee's history of misconduct or antisocial behavior.
"In this case, no affirmative misrepresentation of the type recognized under a negligent referral analysis has been alleged, let alone any type of communication about Kazmarek from the Diocese of Madison to the Archdiocese of Louisville. The Diocese's mere knowledge of Kazmarek's past sexual abuse, or a presumed knowledge of a continued sexual propensity for abuse, is not enough to establish negligence. Reasonable and ordinary care does not require the Diocese to notify all potential subsequent employers within dioceses and parochial school systems across the country, along with all parents of future unforeseeable victims. Requiring such notification under these circumstances would create a vast obligation dramatically exceeding any approach to failure to warn recognized either in this state or in other jurisdictions."
Affirmed.
2006AP291 Hornback v. Archdiocese of Milwaukee
Butler, J.
Attorneys: For Appellant: Smith, James S., Brookfield; Gunderson, Wendy G., Brookfield; White, J. Andrew, Louisville, KY; For Respondent: Rothstein, John A., Milwaukee; Muth, David P., Milwaukee; Axe, Kenneth B., Madison; Heaney, Donald L., Milwaukee; Benedon, Carrie M., Madison
Full Text
Case Details
Case Number:
2006AP291
Case Name:
Hornback v. Archdiocese of Milwaukee
Decision Date:
07/16/2008
Court:
WI Supreme Court
County:
District:
Deck:
Duty to warn
Category:
Torts
Dis:
Type:
Judge(s):
Butler, J.
Appellant Attorney(s):
Smith, James S., Brookfield; Gunderson, Wendy G., Brookfield; White, J. Andrew, Louisville, KY
Respondent Attorney(s):
Rothstein, John A., Milwaukee; Muth, David P., Milwaukee; Axe, Kenneth B., Madison; Heaney, Donald L., Milwaukee; Benedon, Carrie M., Madison
