The District Court had held that the defendants did not owe a duty of care to the employee for her supervisor's criminal acts. However, the Seventh Circuit held that there was a triable issue as to whether it was foreseeable that the supervisor would harm the employee given his prior pattern of conduct against her. Neither the fact that the supervisor committed the intentional tort outside scope of employment nor that he had never harmed or made explicit threat the to the employee prior to the trip required a different result.