Lange v. National Biscuit Company

Todd, Justice.

Plaintiff brought this action against defendant for damages resulting from an assault upon him by an employee of defendant. The matter was submitted to the jury on the alternate theories of negligence and respondeat superior. The jury found that, although the employee had not been acting within the scope of his employment at the time of the assault, defendant had been negligent in the hiring and retention of such employee. The trial court then granted defendant’s motion for judgment notwithstanding the verdict on the issue of negligence and denied plaintiff’s motion for judgment…