Tom Brady was employed by Deflate It and Move On Industries, Inc. as a training manager. He was fired for physically assaulting three training assistants. The last incident on September 1, 2014, in his termination and occurred after he pushed and yelled at Ben Rothlisberger during a group meeting on August 14, 2014. Mr. Wheater reported the incident the following day to the Vice-President of Human Resources. Later that day, the other individuals came forward and reported the previous incidents.

James Jones, Tom Brady's immediate supervisor, was contacted by Training for Miracles, Inc., an organization providing self-defense training for women, seeking a reference for Tom Brady. Mr. Jones gave Training for Miracles a glowing reference for Tom Brady (out of fear that Tom Brady would beat him up if he did anything else) and did not mention the basis for Tom Brady's termination. Tom Brady was hired by Training for Miracles, Inc., and six months later assaulted Kimberly Davise, a client of Training Miracles, in the elevator after he requested that Ms. Elliot assist him with work upstairs and she objected.

Is Deflate It and Move On Industries liable for the harm to Kimberly Davise? (Hint: IRAC from the position of Kimberly Davise).