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BROWN v. ASSOCIATED DRY GOODS, INC.

No. 80-1524.

656 F.2d 306 (1981)

Francis M. BROWN, Appellee, v. ASSOCIATED DRY GOODS, INC., a Corporation, d/b/a Stix, Baer & Fuller, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 10, 1981.

Attorney(s) appearing for the Case

Dowd, Oates & Dowd, Douglas P. Dowd (argued), St. Louis, Mo., for appellee.

Paul S. Brown, Jeffrey L. Cramer (argued), Brown, James, Rabbitt, Whaley, McMillian & Pitzer, St. Louis, Mo., for appellant.

Before HEANEY and HENLEY, Circuit Judges, and PECK, Senior Circuit Judge.

JOHN W. PECK, Senior Circuit Judge.

This is a diversity tort case in which the substantive law of Missouri controls. At a jury trial, plaintiff-appellee Brown recovered $65,000 in compensatory and punitive1 damages flowing from a battery committed by Associated's (Stix's) employee. The issue on appeal is whether the trial court erred in not entering a judgment n. o. v. for Stix on the ground that, as a matter of law, the acts of Stix's...

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