dissenting:
I respectfully dissent. I would hold that a plaintiff may proceed on a negligent hiring claim when the employer admits vicarious liability only if there is evidence of gross negligence in hiring that would support an award of punitive damages.
As a general rule, most jurisdictions do not allow a separate claim against an employer where vicarious liability is admitted for the acts of an employee. See McHaffie v. Bunch, 891 *635S.W.2d 822, 826 (Mo.1995), and cases cited therein; Annot. 30 A.L.R.4th 838 (1984).3 The rationale is that the employer’s liability is a derivative claim fixed by a determination of the employee’s negligence. Some courts following this general rule, however, will allow a negligent hiring claim to proceed when the employer’s liability is alleged to include gross negligence in hiring; in this situation, the employer’s gross negligence supports a claim beyond the employee’s negligent act. See Durben v. American Materials, Inc., 232 Ga.App. 750, 503 S.E.2d 618 (1998); Lockett v. Bi-State Transit Auth., 94 Ill.2d 66, 67 Ill.Dec. 830, 445 N.E.2d 310 (1983); Coville v. Ryder Truck Rental, Inc., 30 A.D.3d 744, 817 N.Y.S.2d 179 (2006); see also Bruck v. Jim Walter Corp., 470 So.2d 1141 (Ala.1985). Finally, a minority of courts will allow a negligent hiring claim to proceed, irrespective of gross negligence on the employer’s part, because they hold that negligent hiring is a separate, and not derivative, claim. See Quinonez v. Andersen, 144 Ariz. 193, 696 P.2d 1342 (1984); Marquis v. State Farm Fire and Cas. Co., 265 Kan. 317, 961 P.2d 1213 (1998); Lim v. Interstate System Steel Div., Inc., 435 N.W.2d 830 (Minn.App.1989). The majority has chosen to follow the minority rule.
Contrary to the minority view, our precedent indicates that generally a claim against an employer under a theory of respondeat superior is treated as a derivative claim dependent upon establishing the negligence of the employee. For instance, in David v. McLeod Reg. Med. Center, 367 S.C. 242, 250, 626 S.E.2d 1, 5 (2006), a plaintiff alleged medical malpractice by the treating physicians and vicarious liability of the hospital. We held summary judgment was properly granted in favor of the hospital because the plaintiff had failed to establish negligence by the physician-employees. Similarly, in McCullem v. Liberty Life Ins. Co., 217 S.C. 565, 571, 61 S.E.2d 181, 184 (1950), we upheld a nonsuit in the plaintiffs action against an employer for injuries allegedly caused by an employee where there was no evidence of the employee’s negligence. Both these cases indicate that generally an em*636ployer’s liability is determined by the negligence of his employee and the suit against the employer is a derivative one.4
In some circumstances, a plaintiff may allege the employer’s negligence rises to such a level that it supports liability in addition to the employer’s vicarious liability for the employee’s negligent acts.5 I would allow a separate cause of action in this circumstance because the cause of action against the employer is no longer simply derivative of, or dependent upon, the negligence of the employee.6 Allowing such an action against an employer would further the deterrent purpose of punitive damages. See Clark v. South Carolina Dep’t of Pub. Safety, 362 S.C. 377, 608 S.E.2d 573 (2005) (upholding verdict on claim of negligent supervision where there was evidence of employer’s gross negligence despite jury’s failure to find employee’s breach of a duty); Clark v. Cantrell, 339 S.C. 369, 378, 529 S.E.2d 528, 533 (2000) (purposes of punitive damages are to punish wrongdoer and deter similar reckless, willful, wanton, or malicious conduct in the future).7 I depart from the majority’s holding because I would not allow a separate cause of action to proceed where there is no evidence of gross negligence on the employer’s part.
WALLER, J., concurs.. Judge Anderson, who certified the questions here, applied this majority rule in another South Carolina case but acknowledged that this Court has never ruled on the issue. Bowman v. Norfolk So. Rwy. Co., 832 F.Supp. 1014, 1021-22 (D.S.C.1993).
. Similarly, in Longshore v. Saber Security Servs., Inc., 365 S.C. 554, 619 S.E.2d 5 (Ct.App.2005), the Court of Appeals speculated that a plaintiff must prove an actionable tort by the employee in order to maintain a negligent hiring action against the employer.
. Defendants do not argue against adopting such a rule. Instead, they simply claim that any punitive damages award in this case is unconstitutional. This is not a question we agreed to answer in accepting the questions certified by the District Court.
. For instance, here plaintiffs claim Hymes' poor driving record supports punitive damages against Kelly Trucking irrespective of any showing that Hymes himself was grossly negligent.
. I note that by giving a limiting instruction, the trial court may restrict the use of evidence regarding the negligent hiring claim to avoid the potential danger of unfair prejudice from the jury’s consideration of such evidence in the context of the underlying tort. For instance, here the jury could be instructed that Hymes' poor driving record is not to be considered in determining liability for the wreck but is admissible only on the negligent hiring claim. See Lockett, supra.