28 THE QUEENS COURIER • OCTOBER 12, 2017 FOR BREAKING NEWS VISIT WWW.QNS.COM
PHONY REPAIR My cell phone contained some extremely private photos. I took the phone to a store for
repairs, and an employee named Tom went to the back office to examine it. While there, I
believe that he accessed my photos. Then Tom disseminated them to his friends. Now, I have
heard that other customers had been treated this way, too.
Pursuant to the doctrine of respondeat superior, the store can be held vicariously liable
for a tort committed by Tom while acting within the scope of his employment. If the facts
are as you say, you appear to have a case under theories of negligence, intentional and
negligent infliction of emotional distress, prima facie tort, breach of contract, breach of
warranty, and negligent hiring and supervision.
You will need to show that the store knew or should have known (a) that its employees,
including Tom, were removing personal information and photos without knowledge or
consent or (b) at minimum, of Tom's propensity for such dastardly conduct. The store will
attempt to prove that Tom was acting solely for personal motives unrelated to the furtherance
of the store's business, and engaging in conduct that the store could not reasonably have
expected.
You will need hard evidence as to what had occurred in the past, and exactly what Tom
did in the present. What you merely believe, and what you merely have heard, does not rise
to the level of the underlying evidence that gave rise to your belief, and the testimony of
those who have actually witnessed one or another event. Your attorney will want to find
them.
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