Orasz v. Colonial Tavern, Inc.

The defendant appeals from an order of the Appellate Division dismissing a report in an action of tort for assault and battery. According to the report, the plaintiff, a patron of the defendant’s tavern, was beaten with a blackjack and kicked by a bartender employed by the defendant to maintain order and decorum, and the assault was committed by the bartender “for the purpose of accomplishing the work of the defendant and within the scope of his employment.” Two other bartenders testified for the defendant that they and a doorman were present during the affray, and one of them testified that…