Karoon v. New York City Transit Auth

In Karoon v. New York City Transit Auth. (241 A.D.2d 323 [1st Dept. 1997] a personal injury action arising out of an automobile accident, the First Department found that the defendants were entitled to summary judgment dismissing plaintiff's negligent hiring, retention and training claims. The Court reasoned that where an employee is acting within the scope of his or her employment, thereby rendering the employer liable for any damages caused by the employee's negligence under a theory of respondeat superior, no claim may proceed against the employer for negligent hiring or retention. "This is because if the employee was not negligent, there is no basis for imposing liability on the employer, and if the employee was negligent, the employer must pay the judgment regardless of the reasonableness of the hiring or retention or the adequacy of the training." (Id at 324.)