Walters v. Sentry Insurance

BOLIN, Judge.

The issue is whether nor not plaintiff alleged sufficient facts to show defendant employee was acting within the course and scope of his employment as a store clerk when he struck plaintiff customer with an ax handle in the store. The trial court sustained an exception of no cause of action filed by the employer and its insurer and dismissed plaintiff’s suit against these parties. We reverse and remand.

Plaintiff alleged that he, his wife, and his minor child entered defendant’s hardware store to shop for a particular tool. Plaintiff’s wife found the tool, asked defendant employee…