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Case Citations [1] (July 2019 - August 2020)

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                                    AGENCY 2D



Generally

D.N.J.2019. Cit. generally in sup. Customer filed a negligence claim against store, promoter of an event
at the store, and disc jockey hired for the event, alleging that a large loudspeaker furnished and operated
by disc jockey for the event emitted a blast of sound as he was walking by, causing him to sustain
hearing loss, hyperacusis, and tinnitus. This court granted in part store's motion for summary judgment,
holding that store was not liable for the actions of promoter or disc jockey under the doctrine of
respondeat superior, because the evidence in the record demonstrated that neither promoter nor disc
jockey was store's employee or servant under the Restatement Second of Agency. The court noted that
New  Jersey relied on the Restatement Second of Agency to determine whether a master-servant
relationship existed, as well as whether the injury occurred within the scope of the agent's employment.
Maran  v. Victoria's Secret Stores, LLC, 417 F.Supp.3d 510, 527.

W.D.Okl.2019.  Cit. generally in case quot. in sup. Former employer sued, among others, three former
employees, alleging that they breached their fiduciary duties to employer when they helped found a
competing  company  during their tenure with employer. This court denied in part employees' motion to
dismiss, holding that employer sufficiently alleged that employees owed it a fiduciary duty. The court
noted that Oklahoma courts had repeatedly cited the Restatement Second of Agency in their analysis of
agency relationships. ATS Group, LLC v. Legacy Tank and Industrial Services LLC, 407 F.Supp.3d
1186, 1193.

Md.2020.  Cit. generally in sup. Homeowners brought a lawsuit against homeowners' association,
alleging, inter alia, that defendant violated state consumer-protection laws through the actions of law
firm that it had hired to perform debt-collection services for delinquent homeowners' fees. The trial
court granted defendant's motion for judgment as a matter of law. The court of appeals reversed in part
and remanded  in part. This court affirmed, holding, among other things, that a principal-agent
relationship existed between defendant and law firm. The court rejected defendant and law firm's
argument relying on caselaw that their relationship was that of independent-contractor and employer,
and explained that such caselaw did not depart from principles set forth in the Restatement Second of
Agency, because the caselaw only discussed physical injuries. Andrews & Lawrence Professional
Services, LLC v. Mills, 223 A.3d 947, 970, 972.



                          CHAPTER 1. INTRODUCTORY MATTERS

                                    TOPIC   1. DEFINITIONS

§ 1. Agency; Principal; Agent

Idaho, 2020. Com.  (e) cit. in sup. Gym client brought claims of negligence against gym trainer and
gym, alleging that plaintiff's fractured hand was caused by trainer's negligence while plaintiff was using
a weight machine on gym  premises. The trial court granted defendants' motion for summary judgment,

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          For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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