New York Court of Appeals
David Cornell, Appellant v. State of New York, Respondent
March 29, 197946 N.Y.2d 1032
Summary
The Court affirmed the lower court’s order, holding that the State of New York is not vicariously liable for the intentional rape of a patient by a mental‑health facility attendant because the State does not owe a special protective duty that would impose absolute liability. The Court explained that respondeat superior requires the employee’s conduct to be within the scope of employment and that the limited exceptions for special relationships do not apply to the State‑patient relationship.