Riviello v. Waldron Case Brief Summary | Law Case Explained

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Riviello v. Waldron | 391 N.E.2d 1278 (1979)

Under the doctrine of respondeat superior, an employer can be vicariously liable for torts committed by employees acting within the scope of employment. In Riviello versus Waldron, the court considered whether this could apply to an unfortunate mishap with a pocketknife.

Joseph Waldron lived in the neighborhood of the Pot Belly Pub, a bar and grill in the Bronx. The pub’s owner, Raybele Tavern Incorporated, hired Waldron to work mainly as a short order cook, but he also tended bar and waited tables. Many of the pub’s customers knew Waldron socially. The pub encouraged him to mingle with patrons when he wasn’t cooking or serving, reasoning that this was good for business.

Donald Riviello was a regular customer at the pub. One evening, while Riviello was sitting at the bar, Waldron came out and joined him. The conversation turned to street crime in the neighborhood, which inspired Waldron to take out his pocketknife to show it off. Waldron went to the kitchen to fill a food order. Then he returned to the bar, flipping his knife as he walked. The knife accidentally struck Riviello in the eye.

Riviello sued Waldron and Raybele. Waldron’s insurer paid Riviello damages in exchange for a release reserving Riviello’s rights against Raybele. The jury found that Raybele was vicariously liable for Waldron’s negligence. The appellate division reversed, holding that Waldron’s actions occurred outside the scope of employment. It dismissed Riviello’s complaint against Raybele. Riviello appealed to the New York Court of Appeals.

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