Hild v. Southern Cal. Edison Co.
A power company employee shot a teenager in the eye with a paintball gun. A jury found the company liable for the boys injuries under the doctrine of respondeat superior. On appeal, the power company argues that it is not vicariously liable, as a matter of law, because its employee was acting outside the scope of her employment when the incident occurred. Court agree with appellant. The evidence undisputedly shows that the employee was participating in a prank or joke with children playing near her work site. The prank had nothing to do with her job duties. As a result, the employees tortious acts did not fall within the scope of her employment and her employer cannot be held liable for them. Court reverse the judgment.
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