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AUER v. PALIATH

No. 2013-0459.

140 Ohio St.3d 276 (2014)

2014-Ohio-3632

AUER, Appellee, ET AL., v. PALIATH ET AL.; KELLER WILLIAMS HOME TOWN REALTY, Appellant.

Supreme Court of Ohio.

Decided August 28, 2014.

Attorney(s) appearing for the Case

Lasky & Scharrer and Laurence A. Lasky ; and Gregg Law Office and Stephen D. Gregg , for appellee.

Pyper & Nordstrom, L.L.C., and Thomas H. Pyper , for appellant.

Baker Hostetler, John H. Burtch , and Robert J. Tucker , urging reversal for amicus curiae Ohio Association of Realtors.

Ralph W. Holmen and Katherine R. Johnson , urging reversal for amicus curiae National Association of Realtors.

FRENCH, J.

{¶ 1} This case concerns the vicarious liability of appellant, real-estate broker Keller Williams Home Town Realty ("Home Town"), for the tortious conduct of its former real-estate agent, Jamie Paliath. We affirm a long line of precedent in holding that in order to impose vicarious liability, a jury first has to make a factual determination that the agent was acting within the scope of her agency when she committed the torts...

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