The CC has already dropped the waiter from their cross-claim in this action.
While it might be in the best interest of this CC to settle this matter (that's usually the case, due to bad publicity), it's simply NOT true that an employer is automatically liable for the actions of an employee... SOLELY by by virtue of being the employer.
An employer IS liable to the extent that EMPLOYERS are the ones whom, according to our court system, should have to foot the bill for the costs(s) of doing business.
And that's the rub. An employee doing something negligent, or outside of his capacity, does not confer liability onto an employer. Of course, we don't know that this was or wasn't done purposely, but "pouring the wine and not stopping," thus getting it all over the woman, her husband--and the purse, certainly isn't performing according to standards. Hence, the plaintiff's complaint about the CC's "hiring practices."
I still think they should settle rather than engage in a protracted lawsuit. And the fact that this is a $30K purse has nothing to do with it.
What worries you masters you.