Katherine Trujillo, Plaintiff – Appellant, v. Amity Plaza, LLC, et al., Defendants – Appellees. No. 25-1201. Appeal from the United States District Court for the District of Colorado (D.C. No. 1:23-CV-01019-CMA-TPO).
After Katherine Trujillo was allegedly raped by Frank Martinez, one of her landlord’s employees, she filed suit against both her landlord and Martinez. Trujillo sought to hold her landlord vicariously liable because, she argued, Martinez was aided by his employment in committing the rape. As such, she sought to invoke the aided-by-agency exception to the usual test for vicarious liability. But that exception is exceedingly narrow, and Trujillo has not satisfied its strict requirements. Exercising our jurisdiction under 28 U.S.C. § 1291, we affirm the judgment entered against Trujillo. Read the opinion.