Quynn v. Hulsey

Summary

The court held that the apportionment statute abrogated the rule allowing an employer summary judgment on negligent entrustment, hiring, training, supervision, and retention claims merely because the employer admitted respondeat superior liability and punitive damages were unavailable. Because those claims allege the employer's own potentially divisible negligence, the jury must be permitted to consider and apportion the employer's fault. The court therefore reversed the Court of Appeals judgment affirming summary judgment for the employer.