WPI 100.04 Common Carrier—Duty to Protect Passengers From Assault or Intentional Harm by Employ...
6 WAPRAC WPI 100.04Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 100.04 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Part IX. Particularized Standards of Conduct
Chapter 100. Common Carriers
WPI 100.04 Common Carrier—Duty to Protect Passengers From Assault or Intentional Harm by Employees
A common carrier is liable for any injury proximately caused to its passengers by any [assault upon] [intentional harm to] them by an employee of the carrier [then on duty].
NOTE ON USE
Use this instruction if there is a dispute of fact as to whether there was an intentional unlawful act or assault by an employee or whether the employee was on duty. If there is no such issue, there will be a directed verdict on liability and this instruction is not needed. Do not use WPI 100.01 (Common Carrier—Duty to Passengers) for an intentional tort. Use bracketed material as applicable.
COMMENT
Finding it “well nigh universal,” the Washington Supreme Court held that a passenger on a common carrier is entitled to absolute protection from assaults by employees, and the carrier cannot plead that an employee acted outside the scope of employment. Marks v. Alaska S.S. Co., 71 Wash. 167, 127 P. 1101 (1912). Accord, Morton v. De Oliveira, 984 F.2d 289, 290 (9th Cir.1993) (detailed discussion of Marks and related cases).
[Current as of February 2021.]
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