Draper v. Olivere Paving & Construction Co.

Wolcott, J.:

This is an appeal from the entry of summary judgment in favor of the defendant Olivere Paving & Construction Co. (hereafter Olivere). The action grew out of an assault and battery committed upon the plaintiff, Norman Draper (hereafter Norman), by the defendant, Willie M. Redden (here after Willie), at the time an employee of Olivere. The plaintiff, Alva R. Draper, wife of Norman, sues for loss of consortium.

Plaintiffs advance four theories in support of their action, viz.:(1) That the assault and battery by Willie against Norman occurred within the general scope of Willie’s…