Tom Payton was employed by Carver Industries, Inc. as a Marketing Manager. He was fired for sexually harassing of 3 female administrative assistants. Specifically, Tom cornered the women in the supply room on 3 separate occasions and touched them inappropriately. The last incident that resulted in his termination occurred after he asked Paula Lee to work overtime and called her into the supply room to assist him in finding paper clips. When she entered the room, Tom grabbed her and attempted to fondle her. Ms. Lee pushed Tom away and called a security officer who escorted her out of the building. Ms. Lee reported the incident the following day to the Vice-President of Human Resources. Later that day, the other women came forward and reported the previous incidents. Dave Smith, Tom's immediate supervisor, was contacted by Marketing Miracles, Inc. for a reference for Tom. Dave gave Tom a glowing reference and did not mention the reason for Tom's termination. Tom was hired and 6 months later, sexually assaulted Ann Kelly, a female employee of Marketing Miracles, in the supply room after he requested that she work overtime.
Is Carver Industries liable for the harm to Ann Kelly?