Bob Strong is the general manager of Fit and Well, a health and fitness club owned by Win Corporation. Strong is in charge of all employment-related matters, including hiring, firing, and disciplining employees.
Six months ago, Strong hired Adam Easton to be the club's director of fitness. Easton came highly recommended, with superb credentials. After one week on the job, Strong received a complaint from another employee, Tammy Riley, that Easton had screamed at her for making a scheduling mistake and had essentially backed her into a corner as he screamed, using his size and strength to intimidate her. Strong listened to Riley's story but did not investigate further and did not talk to Easton about this incident. After one month on the job, Strong received another complaint about Easton's violent behavior from Jessica Barker, another club employee. On this occasion, Easton screamed obscenities at Barker and grabbed her arm to emphasize a point. Strong again listened to Barker's report but chose to do nothing, because Easton was doing a great job outside of these outbursts. Over the course of the next five months, Strong received similar complaints from five other employees and one club patron about Easton's increasingly violent behavior. Strong once had a "chat" with Easton about the issue, but he never took any disciplinary action. In the sixth month, Easton exploded and punched one of the club's patrons, sending her to the hospital with a broken jaw and a concussion. This patron is now going to sue Strong and Win Corporation based on Easton's intentional tort (battery). (Note that a criminal case could also be made against Easton.)
On what bases could the patron win her lawsuit?
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The patron can already win because Easton flat out injured her. However, if it's... View the full answer