Section 35 Negligent Supervision

• Library: Employer-Employee Law 2008

In Gibson v. Brewer, 952 S.W.2d 239, 247 (Mo. banc 1997), involving claims against a Catholic diocese and priest arising from the priest’s alleged sexual misconduct, the Supreme Court of Missouri quoted the following definition of negligent supervision from Restatement (Second) of Torts § 317 (1965):

A master is under the duty to exercise reasonable care so to control his servant while acting outside the scope of his employment as to prevent him from intentionally harming others or from so conducting himself as to create an unreasonable risk of bodily harm to them if

(a) the servant

(i) is upon the premises in possession of the master or upon which the servant is privileged to enter only as his servant, or

(ii) is using...