Mattis V Pollock

''Mattis v Pollock'' 0031 WLR 2158 is an English tort law case, establishing an employer's vicarious liability for assault, even where it may be intentional or pre-meditated. Previously, judges had been unwilling to impose liability where assaults were motivated by revenge or vengeance; it was established however that following the decision of ''Lister v Hesley Hall Ltd'', that where an assault is closely linked to the duties of an employee, the employer should be held vicariously liable.0031 WLR 2158, at 19

Facts

Mr Cranston, an employee of Flamingos night club, in London, was employed as a bouncer to keep order at the club's doors, and to break up scuffles and fights. On 18 July 1998, an incident occurred involving a customer, Mr Fitzgerald, and Mr Cranston, who threw a friend of his across a room. It was submitted that Mr Pollock had given Mr Cranston instructions to "impress upon Mr Fitzgerald that Mr Cranston was prepared to use physical force to ensure compliance with any instructions that he might give to Mr Fitzgerald or any of his companions".

Subsequently, on 24 July, Mr Mattis was attending the club with a friend, Mr Cook. Mr Cranston was instructed that Cook should be barred from the club, and was ejected. A week later, Mr Mattis attended the club with other friends, at around 11:15pm. Mr Cook turned up with Mr Fitzgerald, at around 1am, and upon seeing them, Mr Cranston violently assaulted Mr Cook and one of his friends. Upon witnessing this, Mr Mattis attempted to pull Cranston from Cook, whereupon several other customers surrounded Cranston, who was forced to flee. Upon arriving back at the club, he grabbed Mr Mattis, and stabbed him in the back. As a result, Mr Mattis was rendered paraplegic.

Judgment

The trial judge found the club's owner, Mr Pollock, was not liable for the stabbing of Mr Mattis. This event was not part of one continuous string of events; as Mr Cranston had fled home, leaving his duties, he was no longer within the course of his employment. He stated that:

"The lapse of time and intervening events were, in my judgment, of such a nature that it would not be right to treat the event culminating in the stabbing of Mr Mattis as one incident commencing in the club." Also according to the Times Law Reports

The doorman was employed by the defendant to keep order and discipline. However, he was encouraged and expected to perform his duties in an aggressive and intimidatory manner, which included manhandling customers. That aspect of the evidence was not sufficiently addressed by the judge.

The reality was the defendant should not have been employing the particular doorman at all, and certainly should not have been encouraging him to perform his duties as he did

The Court of Appeal rejected this, with Judge LJ stating:

Taking note of the recent decisions in ''Lister v Hesley Hall Ltd'' and ''Dubai Aluminium Co Ltd v Salaam'',''Dubai Aluminium Co Ltd v Salaam'' [2002] UKHL 48 Judge LJ did not look to establish that the stabbing had occurred in the course of Cranston's employment, but whether the stabbing was closely connected to his work, and instruction It was of particular importance that Mr Cranston had been instructed by Mr Pollock, and was known to be, violent and intimidating toward customers:

See also

* ''Lister v Hesley Hall Ltd''
* Vicarious liability in English law
* English tort law

References

{{DEFAULTSORT:Mattis V Pollock
English tort case law
English vicarious liability case law
Court of Appeal (England and Wales) cases
2003 in United Kingdom case law