Tuesday, January 24, 2023

Summary Judgment Granted for Defendant Entity Relative to Negligent Acts by Former Employee of the Defendant

In the case of Doe v. Hand & Stone Franchise Corp., Aug. Term 2019, No. 04964 (C.P. Phila. Co. Sept. 7, 2022 Foglietta, J.), the trial court issued a Rule 1925 Opinion recommending that the Superior Court affirm its Order granting the Defendant’s Motion for Summary Judgment in a case involving alleged sexual assaults by an employee of the franchise.

According to the Opinion, the allegation was that the employee allegedly assaulted three (3) Jane Doe Plaintiffs on separate occasions at his own personal massage business. The court noted that there was no evidence that the alleged assaults occurred at any Hand & Stone franchise. It was also noted that the alleged assailant was not employed by Hand & Stone when the assaults allegedly occurred.

The Defendant moved for summary judgment after finding that Defendants’ general duty of care could not be extended to find that the Defendant's alleged failure to report that a former employee was an alleged sexual predator to the authorities because there was no special relationship between the employer and the Plaintiffs, who were allegedly the predator’s future alleged victims.

Anyone wishing to review a copy of this decision may click this LINK.

Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (Jan. 3, 2023).

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