Section 10 Negligent Supervision

• Library: Prof Liability 2005

In Gibson v. Brewer, 952 S.W.2d 239, 247 (Mo. banc 1997), the plaintiffs alleged that the diocese “knew or reasonably should have known of prior sexual misconduct and/or a propensity to such conduct” by Brewer. Under agency law, masters have a duty to exercise reasonable care to control their servants (Restatement (Second) of Torts § 317 (1965)), but adjudication of the reasonableness of clergy conduct, according to the Supreme Court, required an impermissible inquiry into religious doctrine. The Supreme...