Montgomery v. Petty Management Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “[o]nly if no reasonable person could conclude from the evidence that an employee was acting within the course of employment should a court hold as a matter of law that the employee was not so acting.”
• according to Restatement (Second), conduct is not within scope if these factors are not present
• under a theory of negligent hiring, the proximate cause of plaintiffs injuries is the employer’s negligence in hiring the employee, rather than the employee’s wrongful act
• under a theory of negligent hiring, the proximate cause of plaintiff's injuries is the employer's negligence in hiring the employee, rather than the employee's wrongful act
• under a theory of negligent hiring, the proximate cause of plaintiff's injuries is the employer's negligence in hiring the employee, rather than the employee's wrongful act
• “Whether Holmes was on the clock is irrelevant. The mere fact that Holmes was working when the altercation occurred does not in fact mean that he was acting within the scope of his employment when the fight occurred.”

Source: CourtListener parenthetical corpus (CC0).