LAURA MAJORANA v. CROWN CENTRAL PETROLEUM CORPORATION, 260 Va. 521

Summary

Appellant sued appellee, alleging in her motion for judgment that she was physically attacked by appellee's employee as she attempted to pay for her purchase of gasoline. Appellant's motion for judgment asserted various theories of liability including assault and battery and intentional infliction of emotional distress. Appellant also asserted claims of negligent hiring, training, and retention of employee. Summary judgment was entered for appellee on the claims of assault and battery and intentional infliction of emotional distress. The primary issue on appeal was whether the trial court erred by holding, as a matter of law, that appellant's motion for judgment did not state the necessary elements of respondeat superior within its factual allegations. Judgment was reversed in part. Appellant's motion for judgment contained an allegation of an injury caused by the willful and wrongful act an employee committed in the course of the employer-employee relationship and within the scope of ...