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Message: [QUOTE="Alsacs, post: 81808, member: 652"] Sorry guys I have been super busy today and this is the first time I have checked the board since 7:30ish. Yes, ESPN can be sued for slander or Intentional /Negligent infliction of emotional distress under respondent superior you are responsible for any torts your employees commit. I have been doing some research and plan on starting a draft and sending to Bernie or somebody in the SU offense once he gets cleared. I hope he sues Schwarz personally. An employer is liable for torts committed by his [B]employees[/B] while acting in the scope of their employment; however, they are not liable for torts committed by [B]independent contractors[/B] unless the independent contractor was subject to the employer’s control, [B]Employer-Employee Relationship [/B][B]Creation: [/B]An employer-employee relationship exists when the employee has agreed [COLOR=black][FONT=Wingdings]t[/FONT][/COLOR]o [B]work on behalf[/B] of your employer Schwarz works on behalf of ESPN; and to be subject to the master’s [B]control[/B] or right to control the [B]physical conduct[/B] of the servant. [B]Scope of Employment:[/B] Conduct of a employee is within the scope of employment ifThe actions were taken with the [B]purpose[/B] of serving the company interests; oran employee acts in a foreseeable manner for which the employer could have taken reasonable preventive measures but failed to do so, the employer is liable for the employee’s actions. [B]Liability For Actions Out of the Scope of Employment-[/B] The employee is not liable unless The employee intended the conduct; or the employee was negligent or reckless; or the conduct violated a non-delegable duty of the employee; or The servant purported to act on behalf of the master and there was [B]reliance [/B]upon [B]apparent authority[/B]. [/QUOTE]

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