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COUNTRY ROADS, INC. v. WITT

No. C14-86-417-CV.

737 S.W.2d 362 (1987)

COUNTRY ROADS, INC., Appellant, v. Gregory Scott WITT, Appellee.

Court of Appeals of Texas, Houston (14 Dist.).

July 30, 1987.

Attorney(s) appearing for the Case

David B. Weinstein, Houston, for appellant.

Harry N. Monck, Robert Wallis, Clinard J. Hanby, Houston, for appellee.

Before JUNELL, DRAUGHN and ELLIS, JJ.

OPINION

JUNELL, Justice.

This is a civil suit for damages for assault and battery. The primary issue of this appeal is whether Country Roads, Inc., appellant, can be held vicariously liable for actual damages caused when one of its employees assaulted a customer, Gregory Scott Witt, appellee. Finding that the employee of Country Roads was acting within the scope of his employment, we affirm the judgment of the trial court.

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