Page 1 Respondeat Superior Respondeat Superior NH Helen Porter was a patient at the Freedom Health Nursing Home. Ken Barker was a nurse who worked for Freedom Health. On July 30, 2017, Ms. Porter was in her Page 2: room at the nursing home. At approximately 4:30 p.m., Ms. Porter, who was unable to walk without assistance, pressed the button in her room to ask for assistance. Nurse Barker answered that call at approximately 4:45. When he entered the room, Nurse Barker found that Ms. Porter had accidentally soiled herself. Upon observing this, Ken Barker became enraged and grabbed Ms. Porter by the hair, jerking her out of the chair in which she was sitting and began beating her about the head, kicking her and punching her in the body, greatly wounding and bruising her. Ms. Porter filed Page 3: a lawsuit against Freedom Health, seeking to hold the Nursing Home liable for the 10 11 njuries inflicted on her by Nurse Barker. -- Question 16 (5 points) Page 4: Under U.S. law, which of the following is the key question in determining whether an 13 15 employer may be liable for the torts of an employee under this doctrine? Page 5: Was the tort committed in the scope of employment? 16 17 -- 18 Was there a close connection between the act that caused the injury and the employment? 19 Did the employee violate her fiduciary duty? Was the tort an intentional act, such as battery? Question 17 (5 points) Which of the following U.S. legal doctrines will be used to determine whether the Nursing Home is vicariously liable for the actions of its employee? Recklessness Negligence Unfairness O Respondeat Superior Question 18 (5 points) Assume that the U.S. legal doctrine is applied and the Nursing Home is liable for this injury. What type of monetary damages will be appropriate? Compensatory and Punitive Punitive Compensatory