Webb by Harris v. Jewel Companies, Inc

In Webb by Harris v. Jewel Companies, Inc. (1985) 137 Ill.App.3d 1004 92 Ill.Dec. 598, 485 N.E.2d 409, the Appellate Court of Illinois held as a matter of law a supermarket company was not vicariously liable for an on-duty security guard's sexual molestation of a customer. The court stated the following rule: "Under the doctrine of respondeat superior, an employer may be liable for the negligent, willful, malicious or even criminal acts of its employees when such acts are committed in the course of employment and in furtherance of the business of the employer; however, the employer is not liable to an injured third party where the acts complained of thereby were committed solely for the benefit of the employee. " (Id. at p. 411) The Illinois court concluded: "The sexual molestation of a young girl by a security guard is . . . a deviation having no relation to the business of the employer or the furtherance thereof." (Id. at pp. 412-413.)