ABSTRACT
The theory of negligent retention involves an employer knowing that an employee has a propensity toward violence in the workplace but permitting the employee to retain his/her employment status despite this knowledge by the employer. Once the individual is employed, when the employer acquires knowledge of the particular background or propensity and fails to act to safeguard employees in the situation, the theory of negligent retention would be appropriate. The injured child and child's mother filed action against store manager on theories of battery and invasion of privacy and against store on theories of respondeat superior, negligent retention of manager, and willful and wanton retention of manager as employee. The company first contended that the trial court erred in denying its motion for a directed verdict and further erred in refusing to grant its motion for a judgment notwithstanding verdict on the claims of both Farris and Diana Bryant which alleged the company was negligent in retaining Mark Livigni as an employee.
