Dennis v. Pace Suburban Bus Service

(Court opinion corrected 10/2/14.) Plaintiff sued bus company for injuries allegedly sustained when she was sexually assaulted by bus driver, who took her to his home at end of his shift, when Plaintiff was highly intoxicated and drifting in and out of consciousness. As a common carrier, bus company could be liable for intentional acts of its employees, even if acts are committed outside scope of employment. Plaintiff sufficiently stated cause of action for battery under respondeat superior and based on bus company's status as common carrier, and also for false imprisonment under respondeat superior. Court properly dismissed count for negligent supervision, as Plaintiff failed to plead facts that bus company knew or should have known that bus driver was unfit to create risk of harm or that he would sexually assault passengers. (GORDON and TAYLOR, concurring.)