38 THE COURIER SUN • JUNE 18, 2015 FOR BREAKING NEWS VISIT www.couriersun.com Festival 1/4 page ad.qxp_Layout 1 6/9/15 12:26 PM Page 1 SATURDAY JUNE 20, 2015 12 – 8 PM FLUSHING MEADOWS CORONA PARK FREE TO THE PUBLIC THE BACKYARD BASH Arts & Crafts, Face Painting, Balloon Animals & Carnival Games Puppet Shows & Workshops World Cuisine from Argentina, India & Nigeria The best Italian Ices, Grilled Cheese, Seafood & Philly Cheeseteaks POPS’ PLACE AT THE QUEENS MUSEUM Jazz Tours of the Panorama of NYC Meet Ricky Riccardi, Archivist for the Louis Armstrong House Museum DJ Cochon de Lait, DJ Sultán Balkanero, & DJ Rekha Indoor Beer Garden MAIN STAGE Tickets required MS. LAURYN HILL ANTIBALAS OZOMATLI REBIRTH BRASS BAND SHANNON POWELL’S TRADITIONAL ALL-STAR BAND #ArmstrongFest Visit www.armstrongswonderfulworld.com for VIP packages and more information. (Tickets necessary for Main Stage event. Entry to all other areas are un-ticketed.) NEW YORK COMMUNITY BANK Queens County Savings Bank Division Long Island Walk Sunday, September 13, 2015 Eisenhower Park | East Meadow, NY Join our annual Walk to End Children’s Brain Tumors and help raise funds for the important work of the Children’s Brain Tumor Foundation! Walk is 3-5K. Runners welcome. Check-in is at 9 am. Walk begins at 10 am. Refreshments, music + fun activities for all ages. Registration on or prior to August 15 is $10, $15 after. Children under 5, survivors free. For more info: CBTF.org Legally Speaking By: Scott Baron, Attorney at Law FIGHTING WATER WITH FIRE Advertorial Q: In a restaurant known for its spirited atmosphere, I accidentally spilled water on a firefighter. 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 © 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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