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Interim Personnel of Central Virginia3/1/2002
overed by reasonable investigation, in an employment position in which, due to the circumstances of the employment, it should have been foreseeable that the hired individual posed a threat of injury to others. Id. Mere proof of the failure to investigate a potential employee's background is not sufficient to establish an employer's liability for negligent hiring. Majorana v. Crown Cent. Petroleum, 260 Va. 521, 531, 539 S.E.2d 426, 431 (2000).
The tort of negligent hiring is distinct from tort liability predicated upon the doctrine of respondeat superior; the two theories differ in focus. J... v. Victory Tabernacle Baptist Church, 236 Va. 206, 211, 372 S.E.2d 391, 394 (1988). Under the latter, an employer is vicariously liable for an employee 's acts committed within the scope of employment. In contrast, the tort of negligent hiring is a doctrine of primary liability; the employer is principally liable for placing an unfit individual in an employment situation that involves an unreasonable risk of harm to others. Negligent hiring enables a plaintiff to recover in circumstances when respondeat superior's "scope of employment" limitation protects employers from liability. Id.
The plaintiff contends that East had a known propensity for driving while intoxicated, or that this propensity should have been discovered by Interim and the Association had they performed reasonable investigation. She argues "there were facts that should have put Interim on notice that sending East to [the Association] might reasonably be a threat to the public."
The plaintiff also contends that the Association's claim of reliance on Interim "ignores the evidence of [the Association's] active negligence in giving East the job." She says the Association "failed to conduct the most basic of investigations, requiring . . . proof East met the job requirement."
Additionally, the plaintiff argues that Interim and the Association "placed East in an employment position in which, because of the circumstances of the employment, it should have been reasonably foreseeable that East posed a threat of injury to others." According to the plaintiff, it was foreseeable from Interim's standpoint that the Association would hire East, that he would drive for the Association, that he would have access to a vehicle, that he would take the vehicle, that he would drink and drive, and that he would injure someone while driving drunk.
The plaintiff also argues that from the Association's standpoint "East was expected to drive a pickup truck as part of his job. He posed a risk to the motoring public every time he left Alumni Hall to go to the post office. He posed a special risk to the public when he was left in control of Alumni Hall over the Thanksgiving weekend; and, [the Association] knew it."
We do not agree with the plaintiff's contentions. The evidence is clear that neither Interim nor the Association had actual knowledge of East's propensities for operating a motor vehicle without a valid operator's license, for failing to obey court orders to pay fines and to attend counseling, and for driving while intoxicated. He intentionally concealed those facts from them.
The question then becomes whether those defendants should have discovered these propensities by reasonable investigation, given the fact that the position to be filled only required a three-hour daily commitment in which clerical and light labor duties were to be performed, incidentally requiring driving only a short distance to and from a post office. For the purpose of this discussion, however, we will assume, but not decide, that both Interim and the Association should have discovered East's propensities in the exerc
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