Brownlee v. Winn-Dixie Atlanta, Inc.

Miller, Judge.

Stephanie Brownlee, individually and as next friend of her three minor children, sued Winn-Dixie Atlanta, Inc. for negligence. Brown-lee presented evidence that Roderick Smith, a uniformed Winn-Dixie bag boy positioned to bag groceries, injured her children when he discharged a mace-like spray in the direction of the children who were standing in a check-out aisle. Smith testified, without contradiction, that he discharged the mace-like spray while engaged in horseplay and that the action was personal and not connected to his work duties. The trial court granted summary judgment…