Wash. Court of Appeals published opinion — 309941.cor.pdf

Citation: Wash. Court of Appeals published opinion — 309941.cor.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/309941.cor.pdf ↗

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Regardless of whether Brownfield aims his negligence theory at the hiring and

employing of Granato or Zais, the theory fails as a matter oflaw. The purpose behind a

negligent hiring and supervision action is to prevent an employer from avoiding liability

for the misconduct of an employee committed outside the scope of employment, when

the employer should not have hired or maintained the employee because of his or her

tendencies. S.He. v. Sheng-YenLu, 113 Wn. App. 511, 517, 54 P.3d 174 (2002). Thus,

to bring the cause of action, the employee who caused the harm must have acted outside

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No.30994-1-III
Brownfield v. City o/Yakima

his scope of employment. LaPlant v. Snohomish County, 162 Wn. App. 476~ 480-81, 271

PJd 254 (2011). The city of Yakima adopted, as its own, all of the actions taken by

Chief Granato and City Manager Zais, about which Jeff Brownfield complains. When

the employer does not disclaim liability for the employee, the claim collapses into a

direct tort claim against the employer, which requires dismissal of the negligent

supervision claim. Niece v. Elmview Group Home, 131 Wn.2d 39, 48-51~ 929 P.2d 420

(1997).

CONCLUSION

We affirm the trial court's summary judgment dismissal of all claims of Jeff

Brownfield.

A majority of the panel has determined this opinion will not be printed in the

Washington Appellate Reports~ but it will be filed for public record pursuant to RCW

2.06.040.

d
Fearin~7
u.
WE CONCUR:

Korsmo, C.J.

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