case law

Question 1

character evidence case law

Answer 1

Seaton v. Petrone (2007)
Character evidence is an essential element in negligent hiring, supervision, or retention
cases. As such, relevant character traits of the employee hired, supervised, or retained may be
offered in the form of reputation, opinion, or specific instance conduct under EEO 405(b).

Question 2

hearsay case law and how it applies

Answer 2

United States v. Tiernee (2022)
A verbal act is a statement offered to establish something of independent legal significance
or effect, rather than the truth of the matter asserted in the statement. Statements which by
their existence impose legal responsibilities, and grant legal rights, upon the parties thereto,
are verbal acts and are admissible as non-hearsay. For example, a contract executed by both
parties would be admissible to establish the terms thereof

might talk in relation to Ross’s hearsay within hearsay

Question 3

negligent hiring case law about the elements

Answer 3

Molina v. Steele (1983)
The elements of a negligent hiring, supervision, or retention claim are stated as: (1) the duty to
hire, supervise, and retain competent employees; (2) the employer breaches that duty; and (3)
the employer’s breach of that duty proximately causes damages the plaintiff. An employer is
liable for negligent hiring, supervision, or retention when proof is presented that the
employer hired an incompetent or unfit employee whom it knew or, by the exercise of
reasonable care, should have known was incompetent or unfit, thereby creating an
unreasonable risk of harm to others. Negligence in hiring requires that the employer’s “failure
to investigate, screen, or supervise its employees proximately caused the injuries the plaintiffs
allege.” To impose liability for negligent hiring, there must be evidence that the plaintiff’s
injuries were brought about by reason of the employment of the incompetent servant. If this
connection was not required, an employer would essentially be an insurer of the safety of
every person who happens to come into contact with its employee simply because of the
employee status