Wayman v. Accor North America, Inc., 251 P.3d 640 (Kan. Ct. App. 2011)

(defendant, owner of Motel 6 chain, not vicariously liable for damages to guest caused by drunken general manager of local motel on motel premises; mere fact that general manager required to live on premises as condition of employment insufficient to impose liability and analysis of employer's liability under workers' compensation law inapplicable to theory of vicarious liability; fact that general manager "on call" at time insufficient, by itself, to impose liability on employer; general manager not acting within scope of employment at time plaintiff sustained injuries; defendant also not liable under theories of negligent hiring, retention and supervision; no evidence that employer knew or had reason to know of general manager's propensity to drink and drive in unsafe manner and evidence that general manager drank with other Motel 6 managers after monthly meetings insufficient; evidence insufficient to establish that employer had reason to believe that employment of general manager would result in undue risk of harm to others). 

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