respondeat superior doctrine in Connecticut

1999"The underlying rationale of the modern doctrine of respondeat superior . . . is that every man who prefers to manage his affairs through others, remains bound to so manage them that third persons are not injured by any breach of legal duty on the part of such others while they are engaged upon his business and within the scope of their authority." (Internal quotation marks omitted.) Mitchell v. Resto , 157 Conn. 258 , 262 , 253 A.2d 25 (1968); Gutierrez v. Thorne , 13 Conn. App. 493 , 498 , 537 A.2d 527 (1988).

1999"The underlying rationale of the modern doctrine of respondeat superior . . . is that every man who prefers to manage his affairs through others, remains bound to so manage them that third persons are not injured by any breach of legal duty on the part of such others while they are engaged upon his business and within the scope of their authority." (Internal quotation marks omitted.) Mitchell v. Resto , 157 Conn. 258 , 262 , 253 A.2d 25 (1968); Gutierrez v. Thorne , 13 Conn. App. 493 , 498 , 537 A.2d 527 (1988).

1993An additional axiom of the respondeat superior doctrine is that: ". . . it must be the affairs of the principal, and not solely the affairs of the CT Page 7254 agent, which are being furthered in order for the doctrine [of respondeat superior] to apply." A-G Foods, Inc. v. Pepperidge Farm, Inc., 216 Conn. 200 , 208 , 579 A.2d 69 (1990), citing Mitchell v. Resto, 157 Conn. 258 , 262 , 253 A.2d 25 (1968); Wells v. Walker Bank Trust Co., Inc., 590 P.2d 1261 , 1264 (Utah 1979) (if an employee's actions are not authorized by his employer and he is acting for his own interests and not in furtherance

1993An additional axiom of the respondeat superior doctrine is that: ". . . it must be the affairs of the principal, and not solely the affairs of the CT Page 7254 agent, which are being furthered in order for the doctrine [of respondeat superior] to apply." A-G Foods, Inc. v. Pepperidge Farm, Inc., 216 Conn. 200 , 208 , 579 A.2d 69 (1990), citing Mitchell v. Resto, 157 Conn. 258 , 262 , 253 A.2d 25 (1968); Wells v. Walker Bank Trust Co., Inc., 590 P.2d 1261 , 1264 (Utah 1979) (if an employee's actions are not authorized by his employer and he is acting for his own interests and not in furtherance

1998Cardona v. Valentin, 160 Conn. 18 , 22 , 273 A.2d 697 (1970); Antinozzi v. A. Vincent Pepe Co., 117 Conn. 11 , 13 , 166 A. 392 (1933); Son v. Hartford Ice Cream Co., 102 Conn. 696 , 699 , 129 A. 778 (1925) Larsen Chelsey Realty Co. v. Larsen, 232 Conn. 480 , 500 , 656 A.2d 1009 (1995).

1998Cardona v. Valentin, 160 Conn. 18 , 22 , 273 A.2d 697 (1970); Antinozzi v. A. Vincent Pepe Co., 117 Conn. 11 , 13 , 166 A. 392 (1933); Son v. Hartford Ice Cream Co., 102 Conn. 696 , 699 , 129 A. 778 (1925) Larsen Chelsey Realty Co. v. Larsen, 232 Conn. 480 , 500 , 656 A.2d 1009 (1995).

1999"The underlying rationale of the modern doctrine of respondeat superior . . . is that every man who prefers to manage his affairs through others, remains bound to so manage them that third persons are not injured by any breach of legal duty on the part of such others while they are engaged upon his business and within the scope of their authority." (Internal quotation marks omitted.) Mitchell v. Resto , 157 Conn. 258 , 262 , 253 A.2d 25 (1968); Gutierrez v. Thorne , 13 Conn. App. 493 , 498 , 537 A.2d 527 (1988).

1999"The underlying rationale of the modern doctrine of respondeat superior . . . is that every man who prefers to manage his affairs through others, remains bound to so manage them that third persons are not injured by any breach of legal duty on the part of such others while they are engaged upon his business and within the scope of their authority." (Internal quotation marks omitted.) Mitchell v. Resto , 157 Conn. 258 , 262 , 253 A.2d 25 (1968); Gutierrez v. Thorne , 13 Conn. App. 493 , 498 , 537 A.2d 527 (1988).

1997"The doctrine of respondeat superior . . . is based on public policy considerations that the employer shall be held responsible for the acts of those whom he employs, done in and about his business, even though such acts are directly in conflict with CT Page 3109 orders which he has given him on the subject." (Internal quotation marks omitted.) Belanger v. Village Pub I, Inc. 26 Conn. App. 509 , 520 , 603 A.2d 1173 (1992). "[I]t must be the affairs of the principal, and not solely the affairs of the agent, which are being furthered in order for the doctrine to apply.

1997"The doctrine of respondeat superior . . . is based on public policy considerations that the employer shall be held responsible for the acts of those whom he employs, done in and about his business, even though such acts are directly in conflict with CT Page 3109 orders which he has given him on the subject." (Internal quotation marks omitted.) Belanger v. Village Pub I, Inc. 26 Conn. App. 509 , 520 , 603 A.2d 1173 (1992). "[I]t must be the affairs of the principal, and not solely the affairs of the agent, which are being furthered in order for the doctrine to apply.

1999"Under the doctrine of respondeat superior, a master is liable for the wilful torts of his servant committed within the scope of the servant's employment and in furtherance of his master's business." (Internal quotation marks omitted.) Glucksman v. Walters , 38 Conn. App. 140 , 144 , 659 A.2d 1217 , cert. denied, 235 Conn. 914 (1995). "[T]he vital inquiry in this type of case is whether the servant on the occasion in question was engaged in a disobedient or unfaithful conducting of the master's business, or was engaged in an abandonment of the master's business.

1998Respondeat Superior "Under the doctrine of respondeat superior, a master is liable for the wilful torte of his servant committed within the scope of the servant's employment and in furtherance of his master's business." Glucksman v. Walters, 38 Conn. App. 140 , 144 , 659 A.2d 1217 , cert. denied, 235 Conn. 914 , 665 A.2d 608 (1995).

1998Cardona v. Valentin, 160 Conn. 18 , 22 , 273 A.2d 697 (1970); Antinozzi v. A. Vincent Pepe Co., 117 Conn. 11 , 13 , 166 A. 392 (1933); Son v. Hartford Ice Cream Co., 102 Conn. 696 , 699 , 129 A. 778 (1925) Larsen Chelsey Realty Co. v. Larsen, 232 Conn. 480 , 500 , 656 A.2d 1009 (1995).

1998Cardona v. Valentin, 160 Conn. 18 , 22 , 273 A.2d 697 (1970); Antinozzi v. A. Vincent Pepe Co., 117 Conn. 11 , 13 , 166 A. 392 (1933); Son v. Hartford Ice Cream Co., 102 Conn. 696 , 699 , 129 A. 778 (1925) Larsen Chelsey Realty Co. v. Larsen, 232 Conn. 480 , 500 , 656 A.2d 1009 (1995).

1998Cardona v. Valentin, 160 Conn. 18 , 22 , 273 A.2d 697 (1970); Antinozzi v. A. Vincent Pepe Co., 117 Conn. 11 , 13 , 166 A. 392 (1933); Son v. Hartford Ice Cream Co., 102 Conn. 696 , 699 , 129 A. 778 (1925) Larsen Chelsey Realty Co. v. Larsen, 232 Conn. 480 , 500 , 656 A.2d 1009 (1995).

1998Cardona v. Valentin, 160 Conn. 18 , 22 , 273 A.2d 697 (1970); Antinozzi v. A. Vincent Pepe Co., 117 Conn. 11 , 13 , 166 A. 392 (1933); Son v. Hartford Ice Cream Co., 102 Conn. 696 , 699 , 129 A. 778 (1925) Larsen Chelsey Realty Co. v. Larsen, 232 Conn. 480 , 500 , 656 A.2d 1009 (1995).

1996However, "the underlying rationale of the modern doctrine of respondeat superior . . . is that `every man who prefers to manage his affairs through others, remains bound to so manage them that third persons are not injured by any breach of legal duty on the part of such others while they are engaged upon his business and within the scope of their authority.' Wolf v. Sulik, 93 Conn. 431 , 436 , 106 A. 443 [1919]; Durso v. A.D.

1996However, "the underlying rationale of the modern doctrine of respondeat superior . . . is that `every man who prefers to manage his affairs through others, remains bound to so manage them that third persons are not injured by any breach of legal duty on the part of such others while they are engaged upon his business and within the scope of their authority.' Wolf v. Sulik, 93 Conn. 431 , 436 , 106 A. 443 [1919]; Durso v. A.D.

1996Cozzolino, Inc., 128 Conn. 24 , 27 , 20 A.2d 392 [1941]." Gutierrez v. Thorne, 13 Conn. App. 493 , 498 , 537 A.2d 527 (1988).

1996Cozzolino, Inc., 128 Conn. 24 , 27 , 20 A.2d 392 [1941]." Gutierrez v. Thorne, 13 Conn. App. 493 , 498 , 537 A.2d 527 (1988).

2003As we previously have observed with respect to the common-law doctrine of respondeat superior, “ ‘[i]n the course of his employment’ means while engaged in the service of the master, and it is not synonymous with the phrase ‘during the period covered by his employment.’ ” Levitz v. Jewish Home for the Aged, Inc., 156 Conn. 193, 198 , 239 A.2d 490 (1968).

2003As we previously have observed with respect to the common-law doctrine of respondeat superior, “ ‘[i]n the course of his employment’ means while engaged in the service of the master, and it is not synonymous with the phrase ‘during the period covered by his employment.’ ” Levitz v. Jewish Home for the Aged, Inc., 156 Conn. 193, 198 , 239 A.2d 490 (1968).

1998Respondeat Superior "Under the doctrine of respondeat superior, a master is liable for the wilful torte of his servant committed within the scope of the servant's employment and in furtherance of his master's business." Glucksman v. Walters, 38 Conn. App. 140 , 144 , 659 A.2d 1217 , cert. denied, 235 Conn. 914 , 665 A.2d 608 (1995).

1997A. "Under the doctrine of respondeat superior, `[a] master is liable for the wilful torts of his servant committed within the scope of the servant's employment and in furtherance of his master's business.' Pelletier v. Bilbiles, 154 Conn. 544 , 547 , 227 A.2d 251 (1967)." Glucksman v. Walters, 38 Conn. App. 140 , 144 , 659 A.2d 1217 , cert. denied, 235 Conn. 914 , 665 A.2d 608 (1995).

1995"A master is liable only for those torts of his servant which are done with a view of furthering his master's business within the field of this employment — for those which have for their purpose the execution of the master's orders or the doing of the work assigned to him to do." Brown v. Housing Authority, 23 Conn. App. 624 , 628 , 583 A.2d 643 (1990), cert. denied, 217 Conn. 808 , 585 A.2d 1233 (1991).

1995The YMCA further argues that there is less evidence of respondeat superior here than in Gutierrez v. Thorne, 13 Conn. App. 493 , 537 A.2d 527 (1988), and Brown v. Housing Authority, 23 Conn. App. 624 , 583 A.2d 643 , cert. denied, 217 Conn. 808 , 585 A.2d 1233 (1990); where we upheld the trial courts’ decisions that no other conclusion could be reached rationally except that the doctrine of respondeat superior did not apply.

1995"A master is liable only for those torts of his servant which are done with a view of furthering his master's business within the field of this employment — for those which have for their purpose the execution of the master's orders or the doing of the work assigned to him to do." Brown v. Housing Authority, 23 Conn. App. 624 , 628 , 583 A.2d 643 (1990), cert. denied, 217 Conn. 808 , 585 A.2d 1233 (1991).

1995The YMCA further argues that there is less evidence of respondeat superior here than in Gutierrez v. Thorne, 13 Conn. App. 493 , 537 A.2d 527 (1988), and Brown v. Housing Authority, 23 Conn. App. 624 , 583 A.2d 643 , cert. denied, 217 Conn. 808 , 585 A.2d 1233 (1990); where we upheld the trial courts’ decisions that no other conclusion could be reached rationally except that the doctrine of respondeat superior did not apply.

1995The YMCA further argues that there is less evidence of respondeat superior here than in Gutierrez v. Thorne, 13 Conn. App. 493 , 537 A.2d 527 (1988), and Brown v. Housing Authority, 23 Conn. App. 624 , 583 A.2d 643 , cert. denied, 217 Conn. 808 , 585 A.2d 1233 (1990); where we upheld the trial courts’ decisions that no other conclusion could be reached rationally except that the doctrine of respondeat superior did not apply.

1995The YMCA further argues that there is less evidence of respondeat superior here than in Gutierrez v. Thorne, 13 Conn. App. 493 , 537 A.2d 527 (1988), and Brown v. Housing Authority, 23 Conn. App. 624 , 583 A.2d 643 , cert. denied, 217 Conn. 808 , 585 A.2d 1233 (1990); where we upheld the trial courts’ decisions that no other conclusion could be reached rationally except that the doctrine of respondeat superior did not apply.

1993The doctrine of respondeat superior, which makes the employer liable for actions by an employee, is based on public policy considerations that the employer "shall be held responsible for the acts of those whom he employs, done in and about his business, even though such acts are directly in conflict with the orders which he has given him on the subject." Stulginski v. Cizauskas, 125 Conn. 293 , 296 (1939).

1992The doctrine of respondeat superior, which makes the employer liable for actions by an employee, is based on public policy considerations that the employer “shall be held responsible for the acts of those whom he employs, done in and about his business, even though such acts are directly in conflict with the orders which he has given him on the subject.” (Emphasis added.) Stulginski v. Cizauskas, 125 Conn. 293, 296 , 5 A.2d 10 (1939).

2022See, e.g., Ali v. Community Health Care Plan, Inc., 261 Conn. 143, 151 , 801 A.2d 775 (2002); 2 National Place, LLC v. Reiner, 152 Conn. App. 544 , 557–58, 99 A.3d 1171 , cert. denied, 314 Conn. 939 , 102 A.3d 1112 (2014). ‘‘[T]he theory of respondeat superior attaches liability to a principal merely because the agent committed a tort while acting within the scope of his employment.’’ Larsen Chelsey Realty Co. v. Larsen, 232 Conn. 480, 505 , 656 A.2d 1009 (1995). 10 See, e.g., Procaccini v. Lawrence + Memorial Hospital, Inc., 175 Conn. App. 692, 704 , 168 A.3d 538 , cert. denied, 327 Conn. 960

2022See, e.g., Ali v. Community Health Care Plan, Inc., 261 Conn. 143, 151 , 801 A.2d 775 (2002); 2 National Place, LLC v. Reiner, 152 Conn. App. 544 , 557–58, 99 A.3d 1171 , cert. denied, 314 Conn. 939 , 102 A.3d 1112 (2014). ‘‘[T]he theory of respondeat superior attaches liability to a principal merely because the agent committed a tort while acting within the scope of his employment.’’ Larsen Chelsey Realty Co. v. Larsen, 232 Conn. 480, 505 , 656 A.2d 1009 (1995). 10 See, e.g., Procaccini v. Lawrence + Memorial Hospital, Inc., 175 Conn. App. 692, 704 , 168 A.3d 538 , cert. denied, 327 Conn. 960

2022See, e.g., Ali v. Community Health Care Plan, Inc., 261 Conn. 143, 151 , 801 A.2d 775 (2002); 2 National Place, LLC v. Reiner, 152 Conn. App. 544 , 557–58, 99 A.3d 1171 , cert. denied, 314 Conn. 939 , 102 A.3d 1112 (2014). ‘‘[T]he theory of respondeat superior attaches liability to a principal merely because the agent committed a tort while acting within the scope of his employment.’’ Larsen Chelsey Realty Co. v. Larsen, 232 Conn. 480, 505 , 656 A.2d 1009 (1995). 10 See, e.g., Procaccini v. Lawrence + Memorial Hospital, Inc., 175 Conn. App. 692, 704 , 168 A.3d 538 , cert. denied, 327 Conn. 960

2022See, e.g., Ali v. Community Health Care Plan, Inc., 261 Conn. 143, 151 , 801 A.2d 775 (2002); 2 National Place, LLC v. Reiner, 152 Conn. App. 544 , 557–58, 99 A.3d 1171 , cert. denied, 314 Conn. 939 , 102 A.3d 1112 (2014). ‘‘[T]he theory of respondeat superior attaches liability to a principal merely because the agent committed a tort while acting within the scope of his employment.’’ Larsen Chelsey Realty Co. v. Larsen, 232 Conn. 480, 505 , 656 A.2d 1009 (1995). 10 See, e.g., Procaccini v. Lawrence + Memorial Hospital, Inc., 175 Conn. App. 692, 704 , 168 A.3d 538 , cert. denied, 327 Conn. 960

2021In effect, the legislature has created a statutory analogue for the [common-law] doctrine of respondeat superior.’’ Norwich v. Silverberg, 200 Conn. 367 , 374–75, 511 A.2d 336 (1986).

2021In effect, the legislature has created a statutory analogue for the [common-law] doctrine of respondeat superior.’’ Norwich v. Silverberg, 200 Conn. 367 , 374–75, 511 A.2d 336 (1986).

2020Joint Underwriting Assn. v. Ferry, 291 S.C. 460 , 464, 354 S.E.2d 378 (1987) (dentist’s professional liability coverage did not apply to claim for sexual assault, which is intentional tort); Graves v. North Eastern Services, Inc., 345 P.3d 619, 629 (Utah 2015) (treating sexual assault as intentional tort for purposes of determining whether apportion- ment rules apply); Horace Mann Ins.

2020Joint Underwriting Assn. v. Ferry, 291 S.C. 460 , 464, 354 S.E.2d 378 (1987) (dentist’s professional liability coverage did not apply to claim for sexual assault, which is intentional tort); Graves v. North Eastern Services, Inc., 345 P.3d 619, 629 (Utah 2015) (treating sexual assault as intentional tort for purposes of determining whether apportion- ment rules apply); Horace Mann Ins.