MRU Vicarious Liability Discussion

Vicarious Liability

A woman claimed that she was sexually harassed by a male coworker at the franchisee’s pizza store. She sued not only the harasser and the franchisee but also the franchisor, Domino’s, claiming that the franchisor was the employer of those working for the franchisee and that the franchisee was the agent of the franchisor. The court recognized that the franchisor exerted control through “comprehensive and meticulous standards for marketing its trademarked brand and operating its franchises in a uniform way.”

Was Domino’s vicariously liable for the conduct of the franchisee’s employee? [Patterson v. Domino’s Pizza, 333 P.3d 723 (S. Ct. Cal.)