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FLORES v. AUTOZONE WEST, INC.

No. G038322.

74 Cal.Rptr.3d 178 (2008)

161 Cal.App.4th 373

Juan Rodriguez FLORES, Plaintiff and Appellant, v. AUTOZONE WEST, INC., Defendant and Respondent.

Court of Appeal of California, Fourth District, Division Three.

February 28, 2008.

Attorney(s) appearing for the Case

Madrid Law Firm, Eduardo M. Madrid, Los Angeles, and Erica L. Madrid, for Plaintiff and Appellant.

Lewis Brisbois Bisgaard & Smith, Roy G. Weatherup, David B. Shapiro, Allison A. Arabian and Alexander J. Harwin, Los Angeles, for Defendant and Respondent.

OPINION

BEDSWORTH, J.

This appeal stems from a summary judgment entered in favor of Autozone West, Inc. Autozone successfully asserted below that it could not be held liable for the damages caused by its employee's physical assault of a customer at an Autozone store after the customer had spoken to him in an arguably insulting manner. According to Autozone, the employee's conduct was outside the scope of his employment as a matter of law, because it "was...

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