96 The Queens Courier • february 5, 2015 FOR BREAKING NEWS VISIT www.queenscourier.com HEATING SUPER DISCOUNT OIL Premium #2 Fuel • Full Service • PROMPT DELIVERY • TUNE UP & EFFICIENCY TESTS C.O.D. $10 OFF with this ad 718 647-1271 WE WILL BEAT ANY CURRENTLY ADVERTISED PRICE Absolute Lowest Prices EMAIL: GOTOILNYC.COM Legally Speaking By: Scott Baron, Attorney at Law FIGHTING WATER WITH FIRE Q: In a restaurant known for its spirited atmosphere, I accidentally spilled water on a firefighter. Advertorial So she picked me two-feet off the floor, made like to strangle me and threw me over the banister. The firefighter and some coworkers had arrived at the restaurant straight from a Fire Department annual dinner held at another location. They had continued to celebrate and drink near my table. A: The City, as an employer, is vicariously liable for torts committed by its employees acting within the scope of their employment. So long as the tortious conduct is generally foreseeable and a natural incident of the employment, the City may be liable, no matter whether the act is negligent or intentional. There are a number of tests for determining whether an employee’s conduct falls within the scope of employment. The strictest is whether the purpose in performing the action is to further the employer’s interest, or to carry out duties incumbent upon the employee in furthering the employer’s business. Another is whether the act was performed while the employee was engaged generally in the business of the employer, or may be reasonably said to be incidental to such employment. From what you tell me, I am inclined to think that a court is likely to rule that this firefighter was not performing within the scope of her employment. Your strongest case might be for negligent hiring, supervision, training and/or retention. This firefighter has a propensity for assaultive conduct. Your theory would be that the City knew or should have known of this propensity. Even with such a theory, you will have a challenge in proving that the City’s negligence with respect to this firefighter was the proximate cause of your injuries. You will need to defeat the argument of the City that any connection between her employment and her conduct toward you was severed by time, distance and various intervening independent events.). The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel This article shall not be construed as legal advice. Copyright © 2015 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 1750 Central Park Ave, Yonkers, NY 10710 718-738-9800, 914-337-9800, 1-866-927-4878 THIS NEW YEAR DRIVE SAFE!! ON TARGET LUBE, OIL & FILTER $2195 Expires 02/20/15 $3995 CHANGE SPECIAL Plus Inspection Of All Belts & Hoses (up to 5 qts oil) FALL/WINTER SPECIAL CHANGE YOUR ANTIFREEZE TODAY! • Drain & Refill Coolant • Inspect All Belts & Hoses • Check all Filters • Pressure Test System for Leaks TRANSMISSION SPECIAL • Drain Fluid & Install New Filter • Replace Pan Gasket • Install New Fluid Expires 02/20/15 $5995 (MOST CARS) Expires 02/20/15 “We’re Always On TARGET” When It Comes To Automotive Repairs Guaranteed Specializing In Collision & Automotive Diagnostic Repair ASE & NYS Certified • Nationally Warranteed By Pronto BRAKES (MOST CARS) $8995 PER AXLE Expires 02/20/15 WIPER BLADE SPECIAL $2095 PER PAIR • MOST CARS Expires 02/20/15 STRUTS (INSTALLED PER PAIR) $27595 MOST CARS Expires 02/20/15 $18995 $17595 NOW $9500 TIMING BELT SPECIAL Avoid a tow to the repair shop and costly engine damage. Replace your timing belt before it breaks! (Recommended for mileage over 60,000) 10 (Most % 4 cyl. cars; 6 cyl. additional) Expires 02/20/15 ANY WORK NON-ADVERTISED Not to be combined with any other offers. Expires 02/20/15 OFF *COUPONS MUST BE USED FOR ALL SPECIALS FALL/WINTER SPECIAL $12500 NOW Get Your Car Ready For Weekend Getaways - CHANGE ANTI-FREEZE - OIL CHANGE - ROTATE TIRES - CHANGE TRANSMISSION FLUID - INSPECT & ADJUST BRAKES - A/C CHECK OFFICIAL NYS INSPECTION STATION SERPENTINE BELT SPECIAL REG $14500 FOR $9500 Expires 02/20/15 SAVE $50 39-20 192ND STREET, FLUSHING • 718-762-5155 • FAX: 718-762-3365
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