Johnson-Kendrick v. Sears, Roebuck & Co.

By Judge John C. Morrison, Jr.

Defendants, Sears and Ruben Farless (collectively “Sears”), seek to have this court sustain their Demurrer to Count I of Plaintiff’s Second Amended Motion for Judgment arguing that they are not liable to plaintiff as a matter of law because defendant, James Brakebill, was not acting within the scope of his employment when he allegedly engaged in sexual misconduct with plaintiff. Sears also argues that plaintiff’s claims of wrongful discharge for sexual harassment and negligent retention should be dismissed because they allege causes of action which do not exist…