Following a jury verdict finding a former teacher liable for sexual assault and the school board negligent, the plaintiff sought a ruling that the school board was vicariously liable for the teacher's actions.
The court applied the Salmond test as articulated in Bazley v. Curry, finding that the school board's enterprise and empowerment of the teacher materially increased the risk of harm.
The school board had sanctioned the teacher's operation of a mini-zoo in his classroom and provided him with a key, creating special opportunities for wrongdoing.
The court held the school board vicariously liable for the teacher's intentional torts.
