ABSTRACT

The theory of negligent supervision has been gaining momentum in various courts in the United States. Under this theory, the company may assume liability for their management team members or agents where a management person fails to properly supervise an employee who ultimately inflicts harm on fellow employees or co-workers. The courts appear to have limited the scope of this type of extended liability to employers and companies to identifiable causal links between the failure to supervise or manage and the actual incident. The district court found the State liable for nine counts of sexual assault and one count of negligent supervision and awarded guardian the statutory maximum allowed for each count, $50,000. It is concluded that the district court properly found liability on the count for negligent supervision but that the award of damages for that count amounted to a double recovery for a single injury and must be reverted.