Roughton Pontiac Corp. v. Alston

This is an appeal from a judgment for the tortious conversion of personal property. The dispositive question is whether a verdict exonerating a servant of tort liability also exonerates his master.

The facts are undisputed. On March 1, 1982, Roger N. Alston (Alston) went to the business premises of Roughton Pontiac Corporation (Roughton) in Norfolk to purchase a new car. He selected a new 1981 Pontiac Phoenix which sold for $9,726.59 and tendered his own 1978 Oldsmobile as part payment. He dealt with John Tarboro (Tarboro), a Roughton employee. Alston expressed a desire to have the entire…