Virginia: Negligent Hiring Claim Against Western Express

SUMMARY OF AMICUS BRIEF FILED 1/23/2025

Today the Fourth Circuit affirmed the verdict in the lower court.  I have attached the opinion that Judge Diaz authored.  As for our specific issue of whether a negligent hiring claim can proceed along with a vicarious liability claim if the employer has stipulated that the employee was in the scope of his employment, the Court declined to predict how the Virginia Supreme Court would rule.  But, helpfully, it did “hold that where a jury has found that the employee didn’t commit a tortious act, that finding defeats the proximate causation requirement of a negligent hiring claim.”  17.  So, “there needa to be a causal connection between the hiring of an employee and that employee committing a tortious act that a reasonable employer would have foreseen before hiring him.”  18.   The Court rejected the argument of Le Doux that he needed only to meet a lower threshold of establishing that the employee was unfit and the accident was “‘causally related to that unfitness’.” 19.   The Court summarized in conclusion: “To be clear, we don’t hold that a stipulation as to scope of employment invariably insulates an employer against a negligent hiring claim under Virginia law. We’re sympathetic to Le Doux’s frustration that his negligent hiring claim was dismissed on grounds Western Express never argued and that he was unable to fully present his case to a jury. But because his negligence claim against Worthy failed, he can’t proceed on the negligent hiring claim against Western Express.” 22.  Thanks for letting us represent the ATA and TIDA in this matter.  I think the opinion helps move the ball.

download the amicus brief