Skip to content
Editor: Christopher J. Robinette

Respondeat Superior?

Donut shop employees spitting and urinating in coffee cups in our fair commonwealth:

Police began asking questions on Jan. 29, after an anonymous tipster said the store manager was ”SPITTING and putting URINE in POLICE OFFICERS COFFEE,” according to a police report filed in court.

* * *

At least one doughnut shop employee told police she heard DaSilva threaten to spit in a customer’s coffee and heard Rodrigues encourage him.

On one occasion, the woman heard DaSilva ”make a spitting sound while the coffees were in front of him,” then saw him serve the drinks to a customer, according to the police report.

Probably no vicarious liability, given how contrary it is to the purposes of the Dunkin Donuts, but still an interesting fact pattern.