Miller v. Wal-Mart Stores, Inc

In Miller v. Wal-Mart Stores, Inc., 219 Wis. 2d 250, 580 N.W.2d 233 (1998) the Court first observed that the general elements of negligence require proof of a duty of care, a breach of that duty, a causal connection between the conduct and the injury, and damages. See id. at 260. As to cause, the issue is whether the employer's failure to exercise due care was a cause-in-fact of the wrongful act of the employee that in turn caused the plaintiff's injury. See id. at 261. "In other words, there must be a nexus between the negligent hiring, training, or supervision and the act of the employee." Id. at 262. This nexus involves two questions. The first question is whether the employee's wrongful act caused the plaintiff's injury. The second is whether the employer's negligence was a cause of the employee's wrongful act. See id. "The negligence of the employer must be connected to the act of the employee." Id. "If the wrongful act of the employee was a cause-in-fact of the plaintiff's injury, then the trier of fact must further determine if the failure of the employer to exercise due care in the ... supervision of the employee was a cause-in-fact of the act of the employee which caused the injury." Miller, 219 Wis. 2d at 262-63.