Rutherford Christie LLP

On March 17, 2022, Partner David Rutherford obtained a decision from New York’s Appellate Division, First Department, reversing the lower court and granting summary judgment, dismissing the case against both American Airlines and the Port Authority. The plaintiff, a maintenance worker for a cleaning company, alleged that she was physically assaulted by an airline employee who wanted to use the bathroom that she had just cleaned. The appellate court held that the airline could not be vicariously liable for the physical assault because he was not on duty at the time, nor did it have notice of his propensity to commit such an assault.

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