Whittle v. Southern Bell Telephone & Telegraph Co.

Goolsby, Judge:

*164Bertha Whittle sued Southern Bell Telephone and Telegraph Company and Donald Gene Clamp for sexual battery and trespass. Whittle’s amended complaint alleges Clamp, a Southern Bell employee, “physically abused and forcibly raped [her]” after he entered her home to “check [her] jacks and telephones.” The trial court granted Southern Bell’s motion for summary judgment following Whittle’s concession that Clamp did not act within the scope of his employment with Southern Bell. Whittle appeals. She contends Southern Bell, a common carrier of information, is liable for Clamp’s alleged…