Bryant v. Livigni

619 N.E.2d 550 (1993)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

Bryant v. Livigni

Illinois Appellate Court
619 N.E.2d 550 (1993)

Facts

Diana Bryant (plaintiff) sued Mark Livigni (defendant) for injuring her son outside the grocery store where Livigni was employed for 17 years by National Super Markets, Inc. (defendant). There had been no previous customer complaints about Livigni, who was a manager at the store. One day while Livigni was off duty, he stopped by to check on the store, which he was authorized to do even when he was not on duty. Livigni was drunk. When Livigni saw a 10-year-old boy urinating on the side of the building, he chased him back to Bryant’s car. Livigni pulled a different child out of the car, Bryant’s four-year-old son, Farris, and threw the child while screaming profanity and racial epithets. Farris was hospitalized for four days and under medical care for a month. Bryant filed suit on Farris’s behalf and as an individual against Livigni for invasion of privacy and for battery. Bryant filed suit against National for Livigni’s behavior on the basis of respondeat superior and for negligent retention of an employee, among other claims. A claim for negligent retention had to show that an employee’s particular unfitness established a risk of harm to others of which the employer was aware or ought to have been aware when continuing to employ the employee in a setting in which he could hurt others. At trial, evidence was presented that while an assistant manager, seven years prior to this incident, Livigni had once thrown an empty milk crate at a subordinate, injuring the subordinate’s arm. That matter was settled via workers’ compensation, and soon after, National promoted Livigni to store manager. There was also evidence that two years prior, Livigni had committed battery on his 13-year-old son when he threw the child, breaking his collarbone. In that case, Livigni pleaded guilty to aggravated battery to a child. Livigni told coworkers who were on his level or subordinate to him about the incident. A jury found in favor of Bryant. National appealed, seeking a directed verdict and moving for judgment notwithstanding the jury’s verdict. A trial court denied the motions, and National appealed. On appeal, National argued that National was not aware of Livigni’s battery on his son and the knowledge of Livigni’s coworkers should not be imputed to National.

Rule of Law

Issue

Holding and Reasoning (Maag, J.)

Concurrence/Dissent (Welch, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 742,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 742,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 742,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership