Ten Broeck Dupont, Inc. (d/b/a Ten Broeck Hospital), Appellant v. Artemecia Brooks, Appellee

Summary

The court vacated the judgment and remanded for a new trial because the trial court improperly excluded evidence relevant to consent and damages, failed to instruct the jury on sexual assault and consent, and gave an ordinary-care instruction that could impose liability for an employee's intentional conduct outside the scope of employment. The court upheld the admission of staff and detective testimony, declined to address an unpreserved challenge to misdemeanor arrest evidence, and affirmed the denial of a directed verdict on negligent hiring or retention and punitive damages. SCHRODER, Justice, concurring in result only, would reject the majority's conclusion that Brooks' sexual history was relevant to damages because the evidence implicated the very prejudice the Rape Shield Law was intended to prevent.