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Zittrain Torts Playlist Spring 2013

Vincent Forster and Lillian Forster, his wife, Appellants, v. Red Top Sedan Service, Inc., etc., Appellee.

Headnote

Plaintiff was driving in front of defendant’s bus, operated by defendant’s employee (Breines). Breines used his bus to force plaintiff’s car to stop or enter a collision. After plaintiff stopped, Breines exited his bus and walked over to the driver’s door of the plaintiff’s car. He then opened the driver’s door, swore at the plaintiff for delaying his schedule, and tried to reach for the car keys while pushing plaintiff in the face. Breines also struck the plaintiff’s wife when she tried to protect her husband’s face from being pushed. Can an employee’s overly zealous, violent or aggressive conduct still remain in the scope of their duties? What if that conduct includes intentional torts, such as battery and assault? This case addresses those questions.