34 The Queens Courier • august 11, 2016 FOR BREAKING NEWS VISIT www.qns.com MEMORIALS BY PARKSIDE Your Expression, Our Creativity • Footstones • Inscriptions • Monuments • Restorations • Mausoleums • Pre-planning SHOWROOMS: For Information or to Make an Appointment Call VIOLENT PROPENSITIES Q: In my store, there are several vending machines. The other day, someone appeared who I knew to be a truck driver’s helper for one of the vending companies. When he attempted to service the company’s machine, I questioned his authority to do so. The helper’s response was to strike me several times with a metal bar. The company says that my assailant had stolen the keys to the machine and has validated my hunch that he never was authorized to service it. I have learned that this was not the helper’s first crime. Twenty five years ago, he was convicted of some kind of felony, out of state. A few years ago, he was arrested here, on a misdemeanor drug possession charge. Of course, he is broke. But his company has what you attorneys call ‘deep pockets’. How’s my case against the company? A: The company can be held liable vicariously only if the assault was somehow condoned, instigated or authorized by it. From what you tell me, there is no evidence to support this theory. In general, it is very difficult to prove that a violent attack, bad for business as well as for the victim, was somehow condoned by the employer. With regard to negligent hiring and supervision, our courts generally have held that an employer is under no particular duty to inquire as to whether a hiring prospect has been convicted of crimes in the past. In addition, even if the company had checked the helper’s background, hiring him despite it is not necessarily negligence. Your case with regard to negligent supervision may well turn out to be stronger. Perhaps interviews with other customers and other employers, and a look at the personnel file, will show that this is far from the first time that the helper has flashed his true colors in an ongoing arena. The company can be held directly liable if it knew or should have known of his violent propensities. THE ART OF ELDER LAW For more than 30 years the elder law firm of Ronald Fatoullah & Associates has been providing New Yorkers with legal solutions that protect, relieve and endure for generations. Our dedicated attorneys are skilled in the art of giving legal advice and are accomplished in elder law, Medicaid eligibility, estate planning, trusts, estate mediation, wills, asset protection, guardianships, probate and most issues associated with the challenges of aging. Our distinguished reputation is based on a commitment to the highest ethical and professional standards and our core values of honesty, integrity, and excellence. “We won’t settle for anything less”. 1-877- ELDER LAW 1-877-ESTATES Queens • Long Island • Manhattan • Brooklyn ATTORNEY ADVERTISING A monument is the opportunity to perpetuate your memories of an especially loved and revered family member or friend. Memorial art is our way of helping you to express that memory. The monument you select will be a personalized illustration of your tribute. Our Monument Consultants want to learn about you and your family. With their vast experience helping families, they will create a highly personalized memorial or headstone that is a true reflection of a life well lived. Understanding your family will help us assist you in designing a lasting and unique tribute to your loved one. When you work with PARKSIDE to create your family memorial, you can expect the highest quality granite and superior craftsmanship. We stand behind our memorials with a perpetual warranty that guarantees that your family’s memorial will last into the future. There is both sorrow and joy experienced while selecting a monument. You will experience sadness as fond memories emerge and happiness in being able to commemorate a life of blessing and hope. 98-60 Queens Boulevard Rego Park, New York 11374 2576 Flatbush Avenue Brooklyn, New York 11234 www.memorialsbyparkside.com 718-896-9100 Legally Speaking By: Scott Baron, Attorney at Law Advertorial 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 © 2014 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 • 718-738-9800 1750 Central Park Avenue, Yonkers, NY 10710 • 914-337-9800 1-866-927-4878
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