In the case of Kendall v. Gore Properties Inc. an employer was held liable for the willful and malicious (criminal) acts of his employee. The employee, a janitor in an apartment house, had murdered a tenant. The employer was held liable on the ground that he, the landlord, had been recklessly ignorant in the selection of the employee. The case illustrates the modern doctrine of allocating to the employer liability for the harm caused by the servant's tortious behavior, based on his negligent selection of the employee, even though the criminal nature of the servant's act is far beyond that which might reasonably be foreseen and seems to be clearly beyond the "course and scope of the employment." It also poses a question regarding to what lengths an employer must go in ascertaining the deficiencies of his employees.
Martin R. Loftus, Employer's Duty to Know Deficiencies of Employees, 16 Clev.-Marshall L. Rev. 143 (1967)