2005 Idaho Code - 6-1607 — EMPLOYER LIABILITY FOR EMPLOYEE TORTS

                                   TITLE  6
                         ACTIONS IN PARTICULAR CASES
                                  CHAPTER 16
               [PERIODIC PAYMENT OF JUDGMENTS -- LIMITATION ON
                    CERTAIN TORT DAMAGES AND LIABILITIES]
    6-1607.  EMPLOYER LIABILITY FOR EMPLOYEE TORTS. (1) No employer shall be
directly or indirectly liable in tort based upon an employer/employee
relationship for any act or omission of an employee which occurs after the
termination of the employee's employment unless it is shown by clear and
convincing evidence that the acts or omissions of the employer itself
constitute gross negligence or reckless, willful and wanton conduct as those
standards are defined in section 6-904C, Idaho Code, and were a proximate
cause of the damage sustained.
    (2)  There shall be a presumption that an employer is not liable in tort
based upon an employer/employee relationship for any act or omission of a
current employee unless the employee was wholly or partially engaged in the
employer's business, reasonably appeared to be engaged in the employer's
business, was on the employer's premises when the allegedly tortious act or
omission of the employee occurred, or was otherwise under the direction or
control of the employer when the act or omission occurred. This presumption
may be rebutted only by clear and convincing evidence that the employer's acts
or omissions constituted gross negligence or, reckless, willful and wanton
conduct as those standards are defined in section 6-904C, Idaho Code, and were
a proximate cause of the damage sustained.
    (3)  In every civil action to which this section applies, an employer
shall have the right (pursuant to pretrial motion and after opportunity for
discovery) to a hearing before the court in which the person asserting a claim
against an employer must establish a reasonable likelihood of proving facts at
trial sufficient to support a finding that liability for damages should be
apportioned to the employer under the standards set forth in this section. If
the court finds that this standard is not met, the claim against the employer
shall be dismissed and the employer shall not be included on a special verdict
form.
    (4)  Nothing in this section shall be construed to expand any rights of
recovery under the common law or to limit any person's rights under any other
statute including, but not limited to, chapter 59, title 67, Idaho Code, and
title 72, Idaho Code.