Bushong v. Williamson

CIVIL TRANSFER

RUCKER, Justice.

This case presents the question of whether in a tort action against a public employee, a trial court may examine evidence outside of the complaint to determine whether the employee was acting within the scope of employment. We hold that it may.

Facts and Procedural History

David Williamson is a teacher for the South Montgomery School Corporation. Jonathan Bushong was a student in Williamson’s fifth grade physical education class. On March 20, 1998, while playing Mckball with the class, Williamson tagged Jonathan out. In response, Jonathan kicked Williamson in the…