July 18, 2014
- 231H Labor and Employment
- 231HXVIII Rights and Liabilities as to Third Parties
- 231HXVIII(B) Acts of Employee
- 231HXVIII(B)1 In General
- 231Hk3054 Intentional Acts
- 231Hk3056 Assault and Battery
- 231Hk3056(2) k. Particular Cases.
Fast food restaurant employee was not acting within scope of employment at the time he got into a fistfight with customer, and thus, restaurant was not liable to customer under respondeat superior doctrine; employee was dressed in street clothes, employee was not behind food counter or performing cleaning duties, and employee had cut in front of customers to order a drink.
Montgomery v. Petty Management Corp., 752 N.E.2d 596 (Ill.App. 1 Dist., 2001)