In a recent oral argument before the Massachusetts Supreme Judicial Court, Justice Scott Kafker expressed concern over the idea that Harvard University could potentially be immune from litigation in a case involving a former morgue manager who sold human remains that were donated to its medical school. The justice questioned the notion that Harvard could be held responsible for minor actions of its employees but not for more egregious ones.
The case raises a larger issue about holding institutions accountable for the conduct of their employees, a tension that is reflected in Massachusetts precedent. The question of vicarious liability for employers in cases of employee misconduct is a complex legal issue that the court is currently grappling with.
The argument in court brought to light the unsettling possibility that Harvard could avoid legal consequences if its employee’s actions were deemed particularly egregious. This has raised concerns among legal experts and advocates for victims of the illegal sale of body parts.
The outcome of this case will have significant implications for how institutions are held accountable for the actions of their employees. The court’s decision will ultimately determine whether Harvard can be sued for the actions of its former morgue manager or if the university will be shielded from liability in this case. It remains to be seen how the court will reconcile the competing interests at play in this important legal matter.
Source
Note: The image is for illustrative purposes only and is not the original image of the presented article.
