Safeway Stores, Inc. v. Kelly

PRYOR, Associate Judge:

This is an appeal from a jury finding of liability against Safeway Stores, Inc., for assault and battery, and false arrest arising from the actions of a security guard working at a Safeway grocery store; Appellant contends that it is not liable in respondeat superior for these actions and that in any event probable cause existed for the arrest of appellee. 1 Preliminarily, we hold that Safeway is vicariously liable for the actions of the guard acting within the scope of his employment. Finding probable cause for the arrest of appellee but sufficient evidence to support…