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Nyack Parking Agent Charged with Attempted Murder

Two Village of Nyack men, including Kenneth Byre, who was working at the time as a Village Parking Authority Agent, are facing charges of attempted murder.  According to the Journal News, Byre, while working at the time as a traffic agent, allegedly stabbed Frank DeLorenzo, of Chestnut Ridge, New York.  The alleged stabbing occurred early Saturday on North Franklin Street.  DeLorrenzo is apparently in serious condition at Nyack Hospital.  Considering that this is a personal injury blog, the issue becomes whether the Village of Nyack could be held liable to DeLorenzo for the stabbing.  The law sometimes holds an employer, in this case the Village of Nyack, liable for an employee's actions.  Here, the employee is Byre.  An exception to the rule is sometimes applicable where the employee's conduct is criminal in nature.  Here, (allegedly) stabbing someone would be criminal.  On the other hand, if there is proof that the employee had a propensity for violence (like if it he spent time in prison for a violent offense), then Village will be liable if it knew about that propensity and still let him work the midnight shift anyway.  Even worse, if the employee had a violent propensity and the Village took no steps to discover it, like doing a simple criminal background check, than the Village may be held liable to the victim DeLorenzo.  The best example of this is the police brutality cases.  The cops beat someone up, which is illegal, and the local municpality has to pay the price, usually under the theory that they should have known about the rougue cop's violent propensities and didnt take sufficient steps to protect the public from him.       

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