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Krista B. Gue v. Triple E Property Management, LLC, and M.C. Berber, LLC
No. 25A-CT-832
Civil. Appeal from the Marion Superior Court, Judge James A. Joven. Affirms in part, reverses in part and remands. Holds the trial court properly denied Triple E Property Management’s motion for summary judgment on the tenant’s claim of negligent hiring, retention and supervision, concluding genuine issues of material fact exist regarding the adequacy of the company’s background screening and whether it had reason to know of the need to control its employee. Further holds the trial court erred in granting summary judgment to Triple E on the tenant’s respondeat superior claims for invasion of privacy and intentional or reckless infliction of emotional distress, determining reasonable jurors could find the employee’s conduct — rummaging through the tenant’s bedroom and sniffing her underwear while present to perform plumbing repairs — arose from activities closely associated with his authorized work and therefore fell within the scope of employment. Concludes, however, that landlord M.C. Berber, LLC is not vicariously liable under the non-delegable duty doctrine, because the employee’s conduct did not breach the landlord’s statutory duty to maintain plumbing in safe working order and did not violate the lease’s covenant of quiet enjoyment, where there was no unlawful entry or interference with the tenant’s possessory interest. Appellant’s attorney: Neal F. Eggeson Jr. Appellees’ attorneys: Jynell D. Berkshire; Tammy J. Meyer; Kenneth A. Ewing.
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