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CourierCo is sued in federal court after one of its drivers, Mason, struck Pedestrian during an argument at a delivery entrance. Pedestrian asserts two claims: battery against Mason and negligent retention against CourierCo. Pedestrian alleges that CourierCo knew Mason was likely to become violent with customers but kept assigning him to crowded commercial buildings.
Pedestrian offers three categories of evidence: first, testimony from a former coworker that Mason is "hotheaded and violent"; second, records showing that CourierCo received two written complaints in the prior year that Mason shoved building staff during delivery disputes; and third, testimony from a customer that Mason screamed at him during an unrelated delivery but did not touch him. Pedestrian says all of the evidence proves Mason threw the first punch and proves CourierCo had notice. Defendants object that Pedestrian is using character to prove conduct.
How should the court analyze the evidence for each claim? Discuss civil propensity limits, non-propensity notice, character as an essential element, methods of proof, and any limiting instruction.