Gallegos v. Chastain

OPINION

WOOD, Judge.

Plaintiff and Chastain were employees of United Nuclear Corporation. Plaintiff claimed that Chastain committed a battery upon him. The alleged battery occurred near the elevator used to take employees from underground to the surface of the mine and before the requisite checking out for completion of the work shift. Plaintiff sought to recover compensatory and punitive damages; the trial court granted summary judgment for the defendants, plaintiff appealed. Plaintiff’s deposition testimony raised a factual issue as to whether a battery was committed; the issue is whether, in…