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Is facility liable for “mad” employee’s scalding of resident?

Is facility liable for “mad” employee’s scalding of resident?

Is facility liable for “mad” employee’s scalding of resident?

Is a nonprofit providing services for persons with disabilities liable when one of its resident counselors pours boiling water over an autistic resident while getting him out of bed for the day? The resident, who was generally aggressive, had attacked the counselor on several occasions with spitting, kicking and throwing things at her. The counselor told a police officer after the incident that she was “just mad” and had been mad since her boyfriend was shot and killed about six months earlier. The resident sued the counselor and the facility for damages. A trial court granted a summary judgment for the facility (and a $500,000 default judgment against the counselor who did not defend the...

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