Chaserious - Thanks for the summary.
The first point may be valid in most cases but the problem with the structure of WTS is that all JWs act as agents of WTS and I'm guessing this is what Simons will have to show the appeal judge. All JWs are baptized as ministers of Jehovah, all answered the baptismal question of recognizing WTS as god's directed organization. Simons will need to prove agency relationship, and I think that exists and probably most would see it.
When JWs come to a door, the householder automatically thinks of Watchtower and Awake which impresses the householder that JWs are agents for WTS not only by being offered WTS publications but also the outfit worn which is also a WTS requirement. If a JW studies with an individual, they are studying wts publications, they act as agents representing wts because not only that they are teaching wts theology they are also following wts rules as to how they teach, which books they use and what arguments to use to counter the arguments(reasoning book). When JWs are in service, they follow wts procedures as to how they go about preaching and how they team up with one another. When JWs move up in rank to MS, elder,CO,etc.. this is more evident through greater responsibility of teaching the congregations.
Does WTS have the duty of care? I think they do as any other corporation has duty to have rules and guidelines that protect its employees (agents) from one another and from harming unrelated parties. I didn't follow the case in great detail but was her relationship to Kendricks result of him being an "agent" of WTS? Most likely, and if the higher ups knew of his dangerous behavior then others (agents) should have been either warned or he should have been removed (termination of agent relationship) from furthering the harm to others in which case the agency (WTS) is vicariously liable.
If WTS loses this appeal I think they will move towards changing the nu lite to reflect more than ever the distance of rank and file from the corporation as they've been trying to do in recent times.