negligent hiring claim in Tennessee

2021See Heflin v. Iberiabank Corp., 571 S.W.3d 727, 737 (Tenn. Ct. App. 2018) (affirming grant of motion to dismiss a negligent hiring claim where plaintiff did not allege employee “had a criminal history or record of misbehavior that would have disqualified her from being hired”).

2019A negligent hiring claim requires a plaintiff to establish “in addition to the elements of a negligence claim, that the employer had knowledge of the employee’s unfitness for the job.” Heflin v. Iberiabank Corp., 571 S.W.3d 727, 737 (Tenn. Ct. App. 2018) (quoting Bazemore v. Performance Food Grp., Inc., 478 S.W.3d 628, 638-39 (Tenn. Ct. App. 2015)), perm. app. denied, (Tenn. June 8, 2018).

2019To establish a negligent hiring claim in the selection of an independent contractor, a plaintiff must show “that the employer either knew, or by the exercise of reasonable care might have ascertained, that the independent contractor was not qualified to perform the work for which he was contracted.” Marshalls of Nashville, Tenn., Inc. v. Harding Mall Assocs., Ltd., 799 S.W.2d 239, 243 (Tenn. Ct. App. 1990).

2019“The courts must deny a motion for summary judgment if any doubt exists with regard to the facts or the conclusions to be drawn from the facts.” Id. (citing Byrd v. Hall, 847 S.W.2d 208, 211 (Tenn. 1993)).

2019In the context of trespass, the Tennessee Supreme Court has also allowed punitive damages where “the trespass is accomplished fraudulently, wantonly, oppressively, or with gross negligence.” Meighan v. U.S. Sprint Commc’ns Co., 924 S.W.2d 632, 642 (Tenn. 1996).7 6 In Plaintiff’s reply brief, Plaintiff also asserts that negligent entrustment occurred because, due to spoliation, the jury could draw a negative inference that the tractor-trailer was not in good working order, or that the jury could have considered Land South’s failure to maintain records with regard to the negligent hiring claim.

2019Our courts “recognize the negligence of an employer in the selection and retention of . . . independent contractors.” Doe v. Catholic Bishop for Diocese of Memphis, 306 S.W.3d 712, 717 (Tenn. Ct. App. 2008).

2019A negligent hiring claim requires a plaintiff to establish “in addition to the elements of a negligence claim, that the employer had knowledge of the employee’s unfitness for the job.” Heflin v. Iberiabank Corp., 571 S.W.3d 727, 737 (Tenn. Ct. App. 2018) (quoting Bazemore v. Performance Food Grp., Inc., 478 S.W.3d 628, 638-39 (Tenn. Ct. App. 2015)), perm. app. denied, (Tenn. June 8, 2018).

2000As previously indicated, our decision in Roberts v. Blount Memorial Hospital, 963 S.W.2d 744, 748 (Tenn. Ct. App. 1997), suggested that, although the plaintiff could not recover under the GTLA for a hospital employee’s intentional tort (sexual assault), the plaintiff might be able to recover for the hospital’s independent negligence in failing to adequately investigate the employee’s background before hiring him.