 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Keller v. Koca4/18/2005
JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS
EN BANC
Opinion modified, and as modified, Petition for Hearing DENIED. EN BANC.
JUSTICE BENDER delivered the Opinion of the Court. CHIEF JUSTICE MULLARKEY dissents.
Donald Keller appeals the court of appeals' decision that he was negligent in the supervision of his employee , Firat Uzan. Koca v. Keller, 97 P.3d 346 (Colo. App. 2004). Uzan, acting without Keller's authorization, brought the plaintiff, a twelve year-old girl, to Keller's dry cleaning business early on a Sunday morning when it was closed for business, locked her in the office and sexually assaulted her.
We hold that in a claim for negligent supervision against an employer the plaintiff must prove that the defendant knew his employee posed a risk of harm to the plaintiff and that the harm that occurred was a foreseeable manifestation of that risk. While Keller knew or should have known that Uzan posed a risk of harm that he would subject female employees and customers to lewd behavior and sexual contact during business hours, Uzan's sexual assault of a twelve year-old girl, the daughter of Uzan's friends, at Keller's place of business while it was closed and when Uzan was supposed to be alone is not a foreseeable result of the known risk of harm. Hence, we reverse the decision of the court of appeals and remand this case to that court to consider the plaintiff's alternate theory of premises liability.
Facts and Proceedings Below
Donald Keller, defendant below and petitioner before this court, owned and operated a dry cleaning business in Boulder, Colorado. Keller hired Firat Uzan, a male employee , in 1990 and then promoted him to the position of General Manager in the spring of 1995. As General Manager, Uzan had keys to the premises and was responsible for operating the dry cleaning business, which included opening and closing the store, in Keller's absence and at his direction. However, Uzan did not have the authorization to bring third parties to the business during non-working hours.
On a Sunday morning in the spring of 1997, Uzan brought a twelve year-old girl, the plaintiff Tugba Koca, to the business. Testimony revealed that Uzan was a family acquaintance and had asked Koca's parents if she could go with him to the dry cleaners and help with opening the doors of the business so that the carpets could be professionally cleaned. While there, Uzan brought Koca into the back office where he locked the door and sexually assaulted her.
Uzan was subsequently convicted of sexual assault of a child and sentenced to the Department of Corrections. The plaintiff then filed this civil action against Keller claiming that Keller, as the employer and owner of the dry cleaning business where the assault occurred, was negligent in his supervision of Uzan. The complaint alleged that Keller knew that Uzan had sexually harassed young women at the cleaners and that despite knowing that "his employee was a sexual predator," Keller continued to allow Uzan to work alone and unsupervised with his own access to the premises.
The trial court, acting as the finder of fact, found that Keller was negligent in his supervision of Uzan and awarded damages. The court cited testimony from three former women employees who told Keller that Uzan had sexually harassed and fondled them during business hours prior to the incident identified by the plaintiff. The young women related several instances where, during business hours, Uzan asked them to perform sexual acts as well as touched their breasts and buttocks. All three quit their positions and told Keller of the episodes. Additionally, one of the
Page 1 2 3 4 5 6 Colorado DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|