Mathias, J.
David C. Hamblin (“Hamblin”) was killed in a car accident involving Ralph Bliton (“Bliton”) and Amanda Parker (“Parker”), who was employed as a Pizza Hut delivery driver. Dale Sedam, Kim Sedam, and Bryan Norris, the copersonal representatives of Hamblin’s Estate (collectively “the Estate”), filed a complaint against Parker and her employer, Pizza Hut, alleging that Parker, acting in the course and scope of her employment with Pizza Hut, negligently operated her vehicle and caused the accident that resulted in Hamblin’s death.
The Estate also alleged Pizza Hut negligently hired, trained, supervised, and retained Parker. Pizza Hut filed a motion for summary judgment on that claim, and the Jefferson Circuit Court granted partial summary judgment in Pizza Hut’s favor. The Estate appeals and argues that the trial court erred when it concluded that the Estate could only proceed with its negligence claim against Pizza Hut under a theory of respondeat superior in light of Pizza Hut’s admission that Parker was acting with the scope of her employment.
Concluding that an employer’s admission that its employee committed the alleged negligent act within the course and scope of her employment does not preclude an action for negligent hiring, training, supervision, and retention, we reverse and remand for proceedings consistent with this opinion.
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The issue at the heart of this appeal is whether a plaintiff may establish an employer’s liability proceeding on both the theory of negligent hiring and the theory of respondeat superior where the employer has admitted that the employee was acting within the course and scope of his or her employment. To support their respective arguments, the Estate cites to our supreme court’s opinion in Broadstreet v. Hall, 168 Ind. 192, 80 N.E. 145 (1907), and Pizza Hut directs our attention to this court’s opinion in Tindall v. Enderle, 162 Ind. App. 524, 320 N.E.2d 764 (1974).
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As we noted above, over a century ago, the Broadstreet court held that allowing a plaintiff to pursue both theories of recovery was proper. Because negligent hiring, retention, or supervision are separate torts that are not derivative of the employee’s negligence, an employer’s admission that the employee was acting within the course and scope of his or her employment should not preclude a plaintiff from arguing both theories of recovery.
We acknowledge that the majority of jurisdictions that have addressed the issue have held that “a plaintiff cannot pursue a claim against an employer for negligent entrustment, hiring, supervision, or training when the employer admits that its employee was acting within the scope of employment when the accident that is the subject of the lawsuit occurred.” See Finkle v. Regency CSP Ventures Ltd. Partnership, 27 F.Supp.3d 996, 999 (D. South Dakota 2014).
However, a small number of jurisdictions have concluded that “an admission by an employer that its employee was acting within the scope of her employment does not preclude an action for both respondeat superior and negligent entrustment, training, hiring, retention, or supervision.” Id. at 1000. These courts do not allow a “claim of agency to preclude a separate tort claim” because “‘negligent entrustment and negligent hiring, retention, or supervision are torts distinct from respondeat superior and that liability is not imputed but instead runs directly from the employer to the person injured.’” Id. (quoting Marquis v. State Farm Fire and Cas. Co., 961 P.2d 1213, 1225 (1998)).
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In the case before us, Hamblin, Parker, and Bilton were involved in the accident that resulted in Hamblin’s death. A jury could find that any one of these three parties committed acts that proximately caused the accident at issue. However, a jury could additionally find that Pizza Hut negligently hired, retained, or supervised Parker, and assign a certain percentage of fault for the accident directly to Pizza Hut. Under the Comparative Fault Act, it would be illogical to disallow a cause of action that could result in the allocation of additional fault to a tortfeasor.
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Moreover, in Tindall, the court concluded that its holding might not apply where a plaintiff seeks punitive damages. See 162 Ind. App. at 530; 320 N.E.2d at 768 (stating the “sole possible advantage to the pursuit of a negligent hiring theory in cases such as that before us would be the potential assessment of punitive damages). We can conceive of no logical reason for limiting the separate cause of action to acts committed outside the scope of employment unless a plaintiff demands punitive damages. Consideration of an employer’s fault in negligently hiring or retaining an employee who causes a tortious injury in the course and scope of her employment results in a fairer allocation and calculation of damages under our system of comparative fault.
Under the doctrine of stare decisis, we are bound by our supreme court’s Broadstreet decision. Moreover, allowing the fact-finder consider Pizza Hut’s and its employee’s fault, if any, in causing the accident that resulted in Hamblin’s death is consistent with our Comparative Fault Act. For all of these reasons, we conclude that the trial court erred when it granted summary judgment to Pizza Hut on the Estate’s negligent hiring and retention claim.
Reversed and remanded for proceedings consistent with this opinion.
Vaidik, C.J., and Barnes, J., concur.