Federal Court Allows Negligence Claim Against Retailer Under Restatement § 344 for Independent Contractor’s Assault

Toc v. Wal-Mart Stores East, L.P., 2025 WL 3657210 (W.D. Pa. Dec. 17, 2025) - In their complaint, the plaintiffs raised negligence claims against a retail store based upon the alleged sexual assault and battery of a minor by a former employee of the store’s independent contractor. The plaintiffs alleged that the store owed the minor a duty under Section 344 of the Restatement (Second) of Torts.... By: Marshall Dennehey