California Panel Remands For New Trial On Vicarious Liability In Elder Abuse Suit

Mealey's (April 7, 2022, 2:16 PM EDT) -- LOS ANGELES —  After rehearing, a California appellate court on April 5 again affirmed a multimillion-dollar jury award to two women who were sexually assaulted by a hospital employee while they were patients at a psychiatric hospital after the women petitioned for rehearing, but unlike in its earlier opinion affirming the trial court’s judgment, reversed and remanded for a new trial on the issue of respondeat superior and ratification, finding sufficient evidence for a jury to determine that the employee was acting within the scope of his employment when he assaulted the women....