Rubin v. Yellow Cab Co.

Plaintiff filed a nine-count complaint against defendants after suffering an alleged battery in the hands of defendant cab driver. The trial court dismissed counts VII, VIII, and IX of plaintiff’s fourth amended complaint for failure to state a cause of action against defendant cab company. On appeal, plaintiff argues that the trial court’s dismissal was improper as (1) count IX alleged sufficient facts to render defendant cab company vicariously liable for battery under a theory of respondeat superior, and (2) counts VII and VIII each stated a cause of action for negligent or wilful and…